E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, THURSDAY, JULY 19, 2001 No. 101 Senate The Senate met at 10 a.m. and was U.S. SENATE, MEASURE PLACED ON THE called to order by the Presiding Offi- PRESIDENT PRO TEMPORE, CALENDAR—H.J. RES. 36 cer, the Honorable JEAN CARNAHAN, a Washington, DC, July 19, 2001. To the Senate: Mr. REID. Madam President, it is my Senator from the State of Missouri. understanding that there is a bill at Under the provisions of rule I, paragraph 3, PRAYER of the Standing Rules of the Senate, I hereby the desk due its second reading. The ACTING PRESIDENT pro tem- The Chaplain, Dr. Lloyd John appoint the Honorable JEAN CARNAHAN, a Senator from the State of Missouri, to per- pore. The clerk will report the resolu- Ogilvie, offered the following prayer: tion by title. Joyous God, in whose heart flows form the duties of the Chair. The assistant legislative clerk read limitless joy, we come to You to re- ROBERT C. BYRD, President pro tempore. as follows: ceive Your artesian joy. You have promised joy to those who know You Mrs. CARNAHAN thereupon assumed A joint resolution (H.J. Res. 36) proposing intimately, who trust You completely, an amendment to the Constitution of the the chair as Acting President pro tem- United States authorizing Congress to pro- and who serve You by caring for the pore. hibit the physical desecration of the flag of needs of others. We agree with Robert The ACTING PRESIDENT pro tem- the United States. Louis Stevenson, ‘‘To miss the joy is to pore. The Senator from Nevada. Mr. REID. Madam President, I ob- miss everything.’’ And yet, we confess ject. that often we do miss the joy You f The ACTING PRESIDENT pro tem- offer. It is so much more than happi- pore. Under the rule, the resolution ness which is dependent on people, cir- will be placed on the calendar. cumstances, and keeping things under SCHEDULE our control. Sometimes we become f Mr. REID. Madam President, today grim. We take ourselves too seriously the Senate will resume consideration RECESS and don’t take Your grace seriously of the Energy and Water Appropria- enough. Give us the psalmist’s assur- Mr. REID. Madam President, I ask tions Act. Cloture was filed on this bill ance about You when he said, ‘‘To God unanimous consent that the Senate yesterday evening. Unless further be exceeding joy’’ or Nehemiah’s con- stand in recess until 10:30 this morning. fidence, ‘‘The joy of the Lord is my agreement is reached, the Senate will There being no objection, the Senate, strength’’ or Jesus’ secret of lasting vote on cloture on this matter Friday at 10:05 a.m., recessed until 10:30 a.m. joy: abiding in Your love. morning. and reassembled when called to order May this be a day when we serve You The majority leader requested that I by the Acting President pro tempore with gladness because Your joy has express to the Senate the fact that we (Mrs. CARNAHAN). filled our hearts. You are our Lord and will be voting into the afternoon on Ms. MIKULSKI. Good morning, Saviour. Amen. Friday unless we are able to move Madam President. f more quickly than we have the last I ask unanimous consent to speak as couple of days. in morning business. PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- The Honorable JEAN CARNAHAN led I remind everyone that in addition to pore. Without objection, it is so or- the Pledge of Allegiance, as follows: being on the finite list, which has al- dered. I pledge allegiance to the Flag of the ready been filed, all first-degree The Senator from Maryland is recog- United States of America, and to the Repub- amendments on the energy and water nized. lic for which it stands, one nation under God, bill must be filed before 1 p.m. today. indivisible, with liberty and justice for all. f We still hope we can reach agreement f and complete action on the energy and TRIBUTE TO KATHARINE GRAHAM APPOINTMENT OF ACTING water bill this morning. We also hope Ms. MIKULSKI. Madam President, I PRESIDENT PRO TEMPORE to reach agreement on considering a rise to speak today to pay tribute to The PRESIDING OFFICER. The number of Executive Calendar nomina- the life and legend of Katharine clerk will please read a communication tions and begin work on any available Graham. It is as if the Washington to the Senate from the President pro appropriations bill and also work on Monument has fallen. It is as if the tempore (Mr. BYRD). the Graham nomination, which is lights have gone out at the Smithso- The assistant legislative clerk read something the majority leader wants nian Institution or the lights have the following letter: to move to as quickly as possible. gone out at the Lincoln Memorial. I

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S7893

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VerDate 19-JUL-2001 04:57 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.000 pfrm04 PsN: S19PT1 S7894 CONGRESSIONAL RECORD — SENATE July 19, 2001 truly cannot imagine Washington with- Mrs. Graham’s actions reinforced the I tried to engage her, in her disserta- out Kay Graham. She was a Wash- fact that the freedom of speech cannot tion on what life was like on the collec- ington institution, a very real person be abridged—especially by our own tive farm, as two sociologists. We with a remarkable mix of qualities. Government. talked about life and times. But the hit Much has been said about her grace, While she hired gifted and talented of the lunch was Kay Graham and the her grit, her steel, her great intel- reporters and editors, she herself did way she engaged Raisa Gorbachev. ligence. not take up the pen until 1997 when she Under Kay Graham’s incredible gra- Kay Graham put those qualities into wrote a book called her ‘‘Personal His- ciousness, courtesy, manners, and action. She lived an extraordinary life tory.’’ Her autobiography struck a charm was one ace investigative re- and left an indelible mark on our Na- chord even with people who cared noth- porter. While the rest of us were talk- tion. ing about the ways of Washington. In it ing and engaging in intellectual con- I know the Presiding Officer liked she had wonderful stories about his- versation, Mrs. Graham began to en- Kay Graham because she took chances. toric figures. She also showed that she gage Mrs. Gorbachev in these kinds of Perhaps one of the greatest chances herself was a gifted and talented writ- questions: What is it like to be the she took was when she actually took er, going on to win the Pulitzer Prize. functional equivalent of the First Lady the helm of the Washington Post. So much for being a shy, awkward deb- in the Soviet Union? What was your Think about it. It was 1963. It was not utante of 40 years before. surprise when you came to power? a time when women did bold things, What really resonated was the story What do you find it like as in the life power things, and they certainly were about a woman who faced crises and of a woman? not on the rung of leadership to be confronted them with courage and dig- I wish you could have heard the late CEOs. She was a woman who had faced nity. I know the Presiding Officer has Mrs. Gorbachev’s answers. We saw a an enormous personal tragedy. But as experienced some of the same. We all side of Raisa Gorbachev we didn’t she reflected on where she was, where cheered when Kay won that Pulitzer know: a woman who saw herself as a her family was, and where this news- Prize because we knew she deserved it scholar, coming to power with a man paper was, she decided to take the and we were proud of her. who had been the head of the Depart- helm. I was deeply grateful for a chance she ment of Agriculture, that they were She was initially a reluctant leader, took on me. In 1986 I was running for changing world history. She was thrown into a leadership position be- the U.S. Senate. I was viewed by some shocked by the number of letters she cause of the death of her husband. In as a long shot. The Washington insid- received, the way the Soviet women embracing a leadership position, she ers said I did not look the part, and had reached out to her, one on one. set about hiring the very best people they were not sure that I could act the We heard that Raisa story because of and giving them the independence to part. But as history has shown, I got the way Kay Graham talked to her. It create one of the greatest newspapers the part. One of the reasons I got the was a very special afternoon. I got to in the world. part was because of the endorsement of know Mrs. Gorbachev a lot better. Do She built a Fortune 500 company. the Washington Post. you know who else I got to know a lot And guess what. She became the first I will be forever grateful to have got- better? Kay Graham. She had world woman to head a Fortune 500 company. ten the Washington Post endorsement leaders at her feet and at her side. But There were other firsts for Katharine in both my primary and the general. most of all, she had the gratitude of Graham as well. She was the first di- Meg Greenfield—the wonderful and spe- leaders who knew that at the Wash- rector of the Associated Press, the first cial friend, Meg Greenfield—felt that I ington Post there was a great leader woman to lead the American News- had the qualities to become the first who was willing to meet with other paper Publishers Association. I could Democratic woman ever elected to the leaders but, no matter what, she said go through a whole list. U.S. Senate in her own right. to print the truth and call them the Now we take for granted that women I just want to say that Kay Graham, way she saw them. will lead, that women will be in posi- this wonderful blue-blooded lady, wel- I am sorry that Kay Graham has been tions of leadership in the private sector comed a blue-collar spitfire. And for called to glory. God bless her, and may and in the public sector. We now enjoy that I will always be grateful. When I she rest in peace. She has left a legacy the fact that there are 13 women in the came to the U.S. Senate, I came with that should be a benchmark, a hall- Senate. We have women as university her endorsement and her welcome. It is mark, and a torch for every other presidents, Governors, and CEOs from something I treasured in those years as newspaper in America, for all of us who dot coms to leaders of the old economy. she introduced me to people. hold leadership, and for we women who She had me in her home. I had a Yet we cannot forget how hard it was are in power. May we be as gracious to be the first because for the first and chance to be at those great parties she and as unflinching in our duties as Kay the only, it is also being the first and had to essentially get started in my Graham. the lonely. own life in Washington. But the story I yield the floor and suggest the ab- What Katharine Graham did was in- that I want to recall is one that is very sence of a quorum. volve other people in her life and in her special to me in which I participated The ACTING PRESIDENT pro tem- family and in creating that institution. with her. It was 1987. The late Pamela pore. The clerk will call the roll. She was known for probably two Harriman was asked to host a lunch at The bill clerk proceeded to call the great milestones in the history of jour- her home for Raisa Gorbachev to intro- roll. nalism. She made the courageous deci- duce her to ‘‘women of distinction.’’ Mr. REID. Madam President, I ask sion to print the Pentagon Papers, Dobrynin had called Mrs. Harriman to unanimous consent that the order for which gave us this view on the Viet- host this luncheon. Mrs. Harriman the quorum call be rescinded. nam war, and then she rigorously pur- called me. And guess who else was on The PRESIDING OFFICER (Ms. sued the Watergate story. the list? My colleague, Senator Nancy STABENOW). Without objection, it is so It is said that men in the highest of Kassebaum—there were only two of us ordered. power just cringed at the name of in the Senate then—Kay Graham of the f Katharine Graham, the Washington Washington Post, Sandra Day O’Con- Post, Ben Bradlee and the team that he nor, at that time the only woman on RECESS assembled. The highest levels of Gov- the Supreme Court, and Dr. Hanna Mr. REID. Madam President, I ask ernment tried to suppress these stories. Grey, the president of the University of unanimous consent the Senate stand in They used threats. They used intimida- Chicago. recess until 12:15 today, and at that tions. Katharine Graham did not flinch What an incredible lunch. First of time I be recognized. nor did she falter. The Washington all, we were the talk of Washington, The PRESIDING OFFICER. Without Post and Kay Graham stood firm. and we were the talk of the world. objection, it is so ordered. Katharine Graham knew her role was Raisa was trying to woo America to Thereupon, the Senate, at 11:20 a.m., to print the truth, no matter what the show that Soviet women were smart recessed until 12:15 p.m. and reassem- impact would be. She truly changed and fashionable. And she chose as her bled when called to order by the Pre- the course of history. venue the Pamela Harriman lunch. siding Officer (Ms. LANDRIEU.)

VerDate 19-JUL-2001 04:57 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.003 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7895 RESERVATION OF LEADER TIME The PRESIDING OFFICER. The water resources of the Chesapeake Bay The PRESIDING OFFICER. Under clerk will report. from the adverse effects of continued the previous order, the leadership time The assistant legislative clerk read erosion but, due to limited authorities, is reserved. as follows: no Federal construction action was The Senator from Nevada [Mr. REID], for recommended at the time. However, f himself and Mr. DOMENICI, proposes an the report recommended that the Corps ENERGY AND WATER DEVELOP- amendment numbered 1024. pursue further studies including devel- MENT APPROPRIATIONS ACT, (The text of the amendment is print- oping and refining ecosystem models to 2002—Resumed ed in today’s RECORD under ‘‘Amend- provide a better understanding of the The PRESIDING OFFICER. Under ments Submitted.’’) environmental impacts of sedimenta- the previous order, the Senate will now Mr. SARBANES. Mr. President, the tion and sediment transport mecha- resume consideration of H.R. 2311, purpose of my amendment is to address nisms and identifying priority deposi- which the clerk will report. the very serious problem of shoreline tion-prevention areas which could lead The assistant legislative clerk read erosion and sedimentation which are to structural and non-structural envi- as follows: adversely impacting the health of the ronmental enhancement initiatives. A bill (H.R. 2311) making appropriations Chesapeake Bay watershed. There are On May 23, 2001, the Senate Environ- for energy and water development for the fis- approximately 7,325 miles of tidal ment and Public Works Committee, ap- cal year ending September 30, 2002, and for shoreline along the Chesapeake Bay proved a resolution which I sponsored other purposes. and its tributaries. In an average year, together with Senators WARNER and The PRESIDING OFFICER. Under it is estimated that 4.7 million cubic MIKULSKI, directing the Secretary of the previous order, the Senator from yards of shoreline material are depos- the Army to review the recommenda- Nevada is recognized. ited in the bay due to shoreline ero- tions of the Army Corps of Engineers’ f sion. The results not only in serious 1990 Chesapeake Bay Shoreline Erosion property damage, but also contributes Study and other related reports and to RECESS millions of cubic yards of sediment an- conduct a comprehensive study of Mr. REID. Madam President, I ask nually to the bay. This sediment ad- shoreline erosion and related sediment unanimous consent the Senate stand in versely affects the bay’s water quality, management measures which could be recess until 1:30 p.m. today, and that I destroys valuable wetlands and habitat undertaken to protect the water and be recognized at 1:30 p.m. and clogs the bay’s navigational chan- land resources of the Chesapeake Bay The PRESIDING OFFICER. Without nels. watershed and achieve the water qual- objection, it is so ordered. The Army Corps of Engineers oper- ity conditions necessary to protect the Thereupon, the Senate, at 12:16 p.m., ates thirteen reservoirs on the upper bay’s living resources. recessed until 1:30 p.m. and reassem- Susquehanna River and regulates the The resolution called for the study to bled when called to order by the Pre- river’s low and high water flows. There be conducted in cooperation with other siding Officer (Mrs. LINCOLN). are also four hydroelectric projects on Federal agencies, the State of Mary- f the lower Susquehanna. Under normal land, the Commonwealth of Virginia, conditions, these reservoirs and dams ENERGY AND WATER DEVELOP- and the Commonwealth of Pennsyl- serve as traps for the harmful sedi- vania, their political subdivisions and MENT APPROPRIATIONS ACT ments which flow into the River. Dur- 2002—Resumed the Chesapeake Bay Program. It also ing major storms however, they sud- directed the Corps to evaluate struc- The PRESIDING OFFICER. The Sen- denly discharge tremendous amounts tural and non-structural environ- ator from Nevada is recognized. of built-up sediments, severely degrad- mental enhancement opportunities and Mr. REID. Madam President, with re- ing the water quality of the Chesa- other innovative protection measures spect to rule XXII, I ask unanimous peake Bay, destroying valuable habitat in the interest of environmental res- consent that Members with amend- and killing fish and other living re- toration, ecosystem protection, and ments on the finite list of amendments sources. Scientists estimate that Trop- other allied purposes for the Chesa- to the energy and water appropriations ical Storm Agnes in 1982 ‘‘aged’’ the peake Bay. bill have until 2 p.m. today to file first- bay by more than a decade in a matter The funding which my amendment degree amendments, except for the of days because of the slug of sedi- would make available, would enable managers’ package, which has been ments discharged from the Susque- the Corps of Engineers to initiate this agreed to by both managers and by hanna River reservoirs. There is a real study and begin to assess alternative both leaders. danger that another major storm in strategies for addressing the shoreline The PRESIDING OFFICER. Without the basin could scour the sediment erosion/sedimentation problem in the objection, it is so ordered. that has been accumulating behind bay. As the lead Federal agency in Mr. REID. Madam President, I ask these dams and present a major set- water resource management, the Army unanimous consent to briefly speak as back to our efforts to clean up the bay. Corps of Engineers has an important if in morning business. Chesapeake 2000, the new interstate role to play in the restoration of the The PRESIDING OFFICER. Without Chesapeake Bay Agreement, has identi- Chesapeake Bay. The results of this objection, it is so ordered. fied control of sediment loads as a top study could benefit not only the over- (The remarks of Mr. REID are printed priority for improving the water qual- all environmental quality of the Chesa- in today’s RECORD under ‘‘Morning ity of the bay. The agreement specifi- peake Bay, but improve the Corps’ Business.’’) cally calls for load reductions fro sedi- dredging management program in the Mr. REID. Madam President, I sug- ment in each major tributary by 2001 bay. gest the absence of a quorum. and for implementing strategies that I urge my colleagues to join me in The PRESIDING OFFICER. The prevent the loss of the sediment reten- supporting this amendment. clerk will call the roll. tion capabilities on the lower Susque- Mr. WARNER. Mr. President, I rise The legislative clerk proceeded to hanna River dams by 2003. in favor of an amendment on behalf of call the roll. Unfortunately, our understanding of myself, Senator SARBANES and Senator Mr. REID. Mr. President, I ask unan- the sediment processes and sources of ALLEN relating to the ongoing effort by imous consent that the order for the sediments which feed the bay system is the Corps of Engineers, the Common- quorum call be rescinded. still very limited and, to date, few ef- wealth of Virginia and the State of The PRESIDING OFFICER (Mr. NEL- forts have been undertaken to address Maryland to give new life to the Chesa- SON of Florida). Without objection, it is the environmental impacts of shoreline peake Bay oyster. so ordered. erosion and sedimentation on the bay. Since 1996, the Corps of Engineers has f In 1990, the Army Corps of Engineers joined with Maryland and Virginia to AMENDMENT NO. 1024 completed a study on the feasibility of provide oyster habitat in the Chesa- Mr. REID. Mr. President, I send the shoreline erosion protection measures peake Bay. This partnership has stimu- managers’ amendment to the desk. which could protect both the land and lated significant financial support from

VerDate 19-JUL-2001 04:57 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.008 pfrm04 PsN: S19PT1 S7896 CONGRESSIONAL RECORD — SENATE July 19, 2001 Virginia and Maryland, dollars from In preparation for reef construction Mr. REID. Mr. President, I ask unan- the non-profit Chesapeake Bay Founda- this summer, Virginia contracted with imous consent that the amendment tion, and many individuals. local watermen to clean the harvest submitted by Senators REID and The oyster, once plentiful in the Bay, areas and reef sites. In June of this DOMENICI be agreed to and the motion has been ravaged by disease, over-har- year, four areas were planted with to reconsider be laid upon the table. vesting and pollution. Oyster popu- 86,788 bushels of oyster shells at a cost The PRESIDING OFFICER. Without lations in the Bay are nearly non-exist- of $139,000 in state funds. objection, it is so ordered. ent at 99 percent of its traditional The State of Maryland has been The amendment (No. 1024) was agreed stock. In 1999, watermen landed about equally committed to providing re- to. 420,000 bushels—approximately 2 per- sources to the Corps for the construc- Mr. REID. Mr. President, I suggest cent of the historic levels. tion of reef sites in the Maryland wa- the absence of a quorum. Since the beginning of the joint fed- ters of the Bay. The PRESIDING OFFICER. The eral-state Chesapeake Bay Restoration Consistent with other Corps pro- clerk will call the roll. program in 1983, we have learned that grams, my amendment permits the The bill clerk proceeded to call the restoring healthy oyster populations in Corps to recognize the strong partner- roll. the Bay is critical to improving water ship by the states to restore oyster Mr. SPECTER. Mr. President, I ask quality and supporting other finfish populations and provide credit toward unanimous consent the order for the and shellfish populations. According to the non-federal cost share for in kind quorum call be rescinded. scientists, when oyster populations work performed by the states. The PRESIDING OFFICER (Mr. DAY- were at its height, they could filter all This federal-state sanctuary program TON). Without objection, it is so or- of the water in the Bay in three to four is essential to restoring the Chesa- dered. days. Today, with the depleted oyster peake Bay oyster. The oyster is a na- (The remarks of Mr. SPECTER are stocks, it takes over one year. tional asset because it has the capa- printed in today’s RECORD under Although it took a long time to de- bility to purify the water by filtering ‘‘Morning Business.’’) velop, there is now consensus in the algae, sediments and pollutants. Sanc- Mr. SPECTER. I thank the Chair. I scientific community, and among tuary oyster reefs also provide critical suggest the absence of a quorum. watermen and the Bay partners that habitat to other shellfish, finfish and The PRESIDING OFFICER. The increasing oyster populations by ten- migratory waterfowl. clerk will call the roll. fold over the next decade is a key fac- It has been my privilege to see the The assistant legislative clerk pro- tor in restoring the living resources of construction of these sanctuary reefs ceeded to call the roll. the Bay. Using historic oyster bed loca- last April and I am encouraged by the Mr. SARBANES. Mr. President, I ask tions, owned by the Commonwealth, success of the initial reefs built in Vir- unanimous consent that the order for this federal-state effort has built three- ginia. I am confident that this program the quorum call be rescinded. dimensional reefs, stocked them with is the only way to replenish—and to The PRESIDING OFFICER. Without oyster spat and designated these areas save—the Chesapeake Bay oyster. I re- objection, it is so ordered. as permanent sanctuaries. These pro- spectfully urge its adoption. Mr. SARBANES. Mr. President, I ask Ms. SNOWE. Mr. President, I rise to tected areas, off limits to harvesting, unanimous consent to proceed as in have shown great promise in producing thank Senators REID and DOMENICI for morning business for 4 minutes. oysters that are ‘‘disease tolerant’’ including the Snowe-Collins amend- The PRESIDING OFFICER. Without which are reproducing and building up ment in the Fiscal Year 2002 Energy objection, it is so ordered. adjacent oyster beds. and Water Development Appropriations (The remarks of Mr. SARBANES are lo- The new Chesapeake Bay 2000 Agree- today to help the Town of Ft. Fairfield, ment, between the federal government ME. My amendment should resolve a cated in today’s RECORD under ‘‘Morn- and the Bay states, calls for increasing serious design problem that has arisen ing Business.’’) oyster stocks tenfold by 2010, using the in connection with the construction of Mr. SARBANES. Mr. President, I 1994 baseline. This goal calls for con- a small flood control levy project in Ft. yield the floor, and I suggest the ab- structing 20 to 25 reefs per year at di- Fairfield, which is located above the sence of a quorum. mensions where the reefs rise about the 46th parallel in Northern Maine, where The PRESIDING OFFICER. The Bay bottom so that young oysters sur- the river freezes every fall and stays clerk will call the roll. vive and grow faster than silt can cover frozen well into spring. The legislative clerk proceeded to them. The proper functioning of the levy is call the roll. Mr. President, with the funding pro- vital to the town’s economic viability Mr. DOMENICI. Mr. President, I ask vided last year to the Corps and the ad- and for protection against future flood- unanimous consent that the order for ditional state funds, there is now an ing of the downtown area. My amend- the quorum call be rescinded. active oyster reef construction pro- ment should allow the Army Corp of The PRESIDING OFFICER. Without gram underway in both Virginia and Engineers to assume financial responsi- objection, it is so ordered. Maryland. bility for a design deficiency in the Mr. DOMENICI. Mr. President, I seek My amendment today recognizes the project relating to the interference of permission to speak for up to 10 min- significant allocation of state sci- ice with pump operation so that there utes as if in morning business. entists and state programs that devote will be no further and inappropriate The PRESIDING OFFICER. Without their time and resources to the oysters cost to the Town. objection, it is so ordered. restoration partnership. Integral to the My amendment calls for the Sec- (The remarks of Mr. DOMENICI are entire project is the state effort to map retary of the Army to investigate the printed in today’s RECORD under the large oyster ground areas to deter- flood control project and formally de- ‘‘Morning Business.’’) mine those sites most suitable for res- termine whether the Secretary is re- Mr. DOMENICI. I yield the floor and toration, and to provide suitable shell sponsible. Since the Corps has already suggest the absence of a quorum. stock. assumed responsibility for the design The PRESIDING OFFICER (Mr. NEL- For example, in Virginia the focus of deficiency, the Secretary will then SON of Nebraska). The clerk will call the next oyster reef construction area order the design deficiency to be cor- the roll. is on the large grounds in Tangier and rected at 100 percent federal expense. The assistant legislative clerk called Pocomoke Sounds. State Conservation Once again, I thank the Chairs for the roll and the following Senators en- and Replenishment Department staff their continued support for the levy tered the Chamber and answered to created maps that were gridded and project in Ft. Fairfield over the years, their names: Mr. DOMENICI, Mr. NELSON more than 3,000 acres were sampled and and I am pleased that the town will of Nebraska, and Mr. REID. evaluated. Eight sanctuary reef sites now have the assurance that their The PRESIDING OFFICER. A and more than 190 acres of restorable flooding problems are behind them and quorum is not present. The clerk will harvest areas were identified during can go forward with their economic de- call the names of absent Senators. the oyster ground stock assessment in velopment plans for their downtown The assistant legislative clerk re- this area earlier this year. area. sumed the call of the roll.

VerDate 19-JUL-2001 05:32 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.055 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7897 Mr. REID. Therefore, Mr. President, I The PRESIDING OFFICER. Without attention to several of these projects, move to instruct the Sergeant at Arms objection, it is so ordered. and ask that the chairman and ranking to request the presence of absent Sen- The modification is as follows: member of the subcommittee consider ators. I ask for the yeas and nays. On page 7, line 6, strike the period and in- funding for these projects. I cannot The PRESIDING OFFICER. Is there a sert the following: ‘‘: Provided further, That stress how vital these projects are to sufficient second? within the fund’s provision herein, $250,000 the economies of my State, the region, There is a sufficient second. may be used for the Horseshoe Lake, AR, and our Nation. feasibility study.’’ The question is on agreeing to the At the appropriate place, insert the fol- Mr. CORZINE. Mr. President, New motion of the Senator from Nevada. lowing: ‘‘Provided further, That the project Jersey’s 127 miles of beaches are wide The clerk will call the roll. for the ACF authorized by section 2 of the and inviting, dotted with sand dunes The legislative clerk called the roll. Rivers and Harbor Act of March 2, 1945 (Pub- and boardwalks offset by a rollicking Mr. NICKLES. I announce that the lic Law 79–14; 59 Stat. 10) and modified by the blue surf and white, warm sand. From Senator from Nevada (Mr. ENSIGN) is first section of the River and Harbor Act of Sandy Hook to Cape May Point, one necessarily absent. 1946 (60 Stat. 635, Chapter 595), is modified to hundred and sixty million people visit authorize the Secretary, as part of naviga- The result was announced—yeas 76, tion maintenance activities to develop and New Jersey beaches per year. These nays 23, as follows: implement a plan to be integrated into the visitors generate the bulk of the tour- [Rollcall Vote No. 239 Leg.] long term dredged material management ism industry in New Jersey, which is YEAS—76 plan being developed for the Corley Slough the backbone of my State’s economy. reach as required by conditions of the State Spending by tourists totaled $26.1 bil- Akaka Edwards Lincoln of Florida water quality certification, for pe- Baucus Enzi Lugar lion in New Jersey in 1998, a 2 percent Bayh Feingold McConnell riodically removing sandy dredged material increase from $25.6 billion in 1997. Biden Feinstein Mikulski from the disposal area known as Site 40, lo- Clearly, our beaches are our lifeblood, Bingaman Fitzgerald Miller cated at mile 36.5 of the Apalachicola River, Boxer Frist Murray and from other disposal sites that the Sec- and their health is paramount. Burns Graham Nelson (FL) retary may determine to be needed, for the This year, there are five new start Byrd Grassley Nelson (NE) purpose of reuse of the disposal areas, by beach replenishment projects that are Campbell Gregg Nickles transporting and depositing the sand for en- in critical need for Federal funding. Cantwell Hagel Reed Carnahan Harkin Reid vironmentally acceptable beneficial uses in These projects: the Lower Cape May Carper Hatch Rockefeller coastal areas of northwest Florida to be de- Meadows, the Brigantine Inlet to Great Chafee Helms Santorum termined in coordination with the State of Delaware Bay Coastline—Oakwood Cleland Hollings Sarbanes Florida: Provided further, That the Secretary Beach, the Delaware Bay Coastline— Clinton Hutchinson Schumer is authorized to acquire all lands, easements, Cochran Inouye Shelby and rights of way that may be determined by Villas and Vicinity, are vital to fight- Conrad Jeffords Smith (OR) the Secretary, in consultation with the af- ing beach erosion and protecting the Corzine Johnson Stabenow tourist economy for South Jersey. My Craig Kennedy Stevens fected state, to be required for dredged mate- Daschle Kerry Thurmond rial disposal areas to implement a long term fear is that if Federal funds are not im- Dayton Kohl Torricelli dredge material management plan: Provided mediately directed to protect these DeWine Kyl Warner further, That the long term management beaches, they will literally disappear Dodd Landrieu Wellstone plan shall be developed in coordination with Domenici Leahy Wyden in the future. the State of Florida no later than 2 years Mr. TORRICELLI. While we recog- Dorgan Levin from the date of enactment of this legisla- Durbin Lieberman nize the difficulties involved in pro- tion: Provided further, That, $5,000,000 shall NAYS—23 be made available for these purposes and viding funding for new starts, we can- Allard Crapo Sessions $8,173,000 shall be made available for the not stress how important the construc- Allen Gramm Smith (NH) Apalachicola, Chattahoochee and Flint Riv- tion phase for these projects begin as Bennett Hutchison Snowe ers Navigation.’’ soon as possible. I would like to note Bond Inhofe Specter FUNDING FOR BEACH REPLENISHMENT PROJECTS that all of these projects have been au- Breaux Lott Thomas Brownback McCain Thompson Mr. TORRICELLI. Mr. President, I thorized by the Water Resources Devel- Bunning Murkowski Voinovich rise to ask the distinguished managers opment Act. Collins Roberts of the bill if they would consider a re- The economy of the region depends NOT VOTING—1 quest that I and my colleague from directly upon the health of its beaches. Ensign New Jersey have concerning the con- Unless construction begins in fiscal ference. year 2002, I am concerned that the The motion was agreed to. Mr. REID. I would be happy to ac- economies of the beach-towns within The PRESIDING OFFICER (Mr. commodate my colleagues from New the scope of these projects will be seri- CORZINE). A quorum is present. Jersey. ously damaged. The majority leader. Mr. TORRICELLI. I thank the Sen- Mr. REID. I thank the Senators from Mr. DASCHLE. Mr. President, for the ator from Nevada. Mr. President, I am New Jersey and assure them that the information of our colleagues, we are very pleased to see that the fiscal year committee recognizes the importance now prepared to go to third reading on 2002 Energy and Water Appropriations of protecting our beaches throughout the energy and water appropriations bill makes appropriations for many im- the country. bill. Senator LOTT and I and Senator portant water resources projects JENNINGS RANDOLPH LAKE PROJECT DOMENICI and others have been working throughout the country. In particular, Mr. SARBANES. Mr. President, I on what we will do following the com- the Army Corps of Engineers budget in- would like to clarify that it is the com- pletion of our work on energy and cludes $1.57 billion in construction mittee’s intent that the additional water. Unless there is an objection, I funding for important dredging, flood $100,000 provided in the Army Corps of think this would be an appropriate control, and beach replenishment Engineers’ operations and maintenance time to complete our work on that bill. projects, many of which are in my account for the Jennings Randolph Senator LOTT and I will have further State. Lake project will be used to develop ac- announcements as soon as we complete We are extremely grateful that the cess to the Big Bend Recreation area our work on this particular bill. subcommittee has provided New Jersey on the Maryland side of the Jennings At this time, it would be my sugges- with sorely needed funds. And while we Randolph Lake immediately down- tion we go to third reading and final understand that the committee has ap- stream from the dam. passage. propriated projects with limited funds, Mr. REID. The Senator is correct. The PRESIDING OFFICER. The Sen- we ask that should funds be made The committee has provided an addi- ator from Nevada. available during conference, that they tional $100,000 for planning and design MODIFICATION TO AMENDMENT NO. 1024 would consider funding beach replen- work for access to the Big Bend Recre- Mr. REID. Mr. President, I ask unan- ishment new construction starts. There ation Area located immediately down- imous consent that the managers’ are several new start projects in my stream of the Jennings Randolph dam. amendment be modified with the lan- State which are in desperate need of Mr. SARBANES. I thank the chair- guage I send to the desk. funding, and I would like to draw your man for these assurances. There is

VerDate 19-JUL-2001 04:57 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.022 pfrm04 PsN: S19PT1 S7898 CONGRESSIONAL RECORD — SENATE July 19, 2001 great demand for additional camping, area of study is 11 miles of river bot- tures, individual flood proofings, and fishing, and white water rafting oppor- tom. As there is no economic activity buyouts. As you can imagine, the com- tunities particularly in the area just on the river bottom, I understand the pletion of this project will provide below the dam, known as Big Bend, and conclusion of the biological opinion. needed relief and bring economic revi- these funds will be very helpful in de- However, I believe the area studied by talization to the region. veloping access to this area. the economic impact should be the The House of Representatives has al- GREAT LAKES DRILLING STUDY communities affected by any changes ready fully funded the project for fiscal Ms. STABENOW. Mr. President, as in the operations of the Kootenai year 1002. the Senator from Nevada knows, the River. Mr. CORZNE. Mr. President, I sup- Senate adopted the Stabenow-Fitz- The biological opinion states that port my colleague from New Jersey’s gerald-Levin-Durbin amendment which the river should be operated above 1,758 request and on our behalf, we would would require an Army Corps of Engi- feet to support increased flows for like to raise an additional issue with neers study on drilling in the Great Kootenai Sturgeon. Various studies the project. We also urge that the Com- mittee Report language that directs Lakes and place a moratorium on any exist that dispute this number as being the Secretary of the Army to imple- new drilling until Congress lifts it in correct. When the river is operated ment the locally requested plan in the the future. above an elevation of 1,758 feet, the It is clear that Congress has jurisdic- water table in the surrounding area western portion of Middlesex County tion over Great Lakes drilling because rises. As a result, farmers in the area with regards to the Green Brook Sub- it constitutes interstate commerce lose crops. I argue this action is a sig- Basin projects to be included in the En- ergy and Water conference report. under the commerce clause of the Con- nificant economic impact. Many of the local residents that are af- stitution. This constitutes interstate I feel the U.S. Fish and Wildlife Serv- fected by the Green Brook Sub-Basin commerce under the Commerce clause ice should examine a realistic area as project have expressed their interest in of the Constitution for several reasons. part of their economic impact anal- changing the project to include One reason is that an environmental ysis—that is the area in which an eco- buyouts for this area. The report lan- accident such as the release of crude nomic impact occurs. Before decisions guage will implement the change as oil into the waters of one or more of are made that drastically affect com- well as provide lands for badly needed the Great Lakes would negatively af- munities, all of the factors should be recreation and as well as fish and wild- fect the water quality, tourism and considered. life habitat enhancement. We are sup- fishing industries and shorelines of Mr. REID. I feel that the issues the Senator from Idaho raises are of a con- port this language and the House has multiple Great Lakes states. Another included similar language in their com- reason is that oil and gas extracted cern, and I want to work with him to see that a solution is found. mittee report. from one Great Lakes states would be Mr. TORRICELLI. Mr. President, I transported and sold in other states in Mr. DOMENICI. The Endangered Spe- cies Act has also significantly affected understand the difficulty the managers the form of many products. It would will have in providing additional funds also increase the national supply of oil areas of my State. I want to work with the Senator from Idaho to find a solu- for the Green Brook Sub-Basin project. and gas. However, the full funding of this For these reasons, there is not doubt tion to this issue and provide help for the affected communities. project will provide stability and eco- that Congress has Federal jurisdiction nomic revitalization to this very im- FUNDING FOR THE GREEN BROOK SUB-BASIN over drilling in the Great Lakes and portant region in the state of New Jer- PROJECT can put a stop to it. sey. Mr. TORRICELLI. Mr. President, the Would the distinguished Chairman of Mr. REID. I thank the Senators from fiscal year 2002 energy and water ap- the Energy and Water Subcommittee, New Jersey and assure him that the and the author of this bill, agree with propriations bill provides appropria- committee will closely review his re- this interpretation of the Commerce tions for many important water re- quest. sources projects for the state of New clause? SEWER INFRASTRUCTURE FUNDING FOR Mr. REID. I totally agree that Con- Jersey. I understand that these appro- MICHIGAN gress has jurisdiction over drilling in priations were made with limited funds Mr. LEVIN. Mr. President, as the the Great Lakes because it constitutes and I am deeply grateful for the sup- Senate considers the fiscal year 2002 interstate commerce under the com- port the Committee has provided to appropriations Act for Energy and merce clause of the Constitution. many of my requests. However, there is Water Development I wonder if the dis- Ms. STABENOW. I thank the distin- an important New Jersey project that tinguished Senator from Nevada would guished chairman of the subcommittee. was not fully appropriated and we re- answer a question regarding funding KOOTENAI RIVER STURGEON spectfully ask the managers that if for environmental infrastructure. Mr. CRAIG. Mr. President, I rise funds should be made available during I would like to know if the Senator today to express my deep concern over conference, that they consider fully would be willing to consider in con- the control of water levels of the funding the President’s budget request ference sewer infrastructure funding Kootenai River in and around Bonners for the Green Brook Sub-Basin. for Michigan projects. The need to in- Ferry, ID, related to the Kootenai As you may know, flooding caused by vest in sewer infrastructure is an ur- Sturgeon. The Kootenai River is di- Hurricane Floyd in 1999 caused tremen- gent one facing the people of Michigan rectly influenced by the operations of dous damage to the state of New Jer- and the Army Corps of Engineers is in the Libby Dam as operated by the sey—especially to the town of Green a position to address that need. The Army Corps of Engineers. This area has Brook and the surrounding region. It is Army Corps has had many success sto- also been defined as critical habitat for estimated that the flooding caused $6 ries throughout the country in assist- the Kootenai Sturgeon. million of damage to the region alone. ing communities in upgrading their Will the distinguished Senators from Unfortunately, the floods from Hurri- sewer infrastructure. I would greatly Nevada and New Mexico engage in a cane Floyd were not the first to have appreciate the Committee’s assistance colloquy with me concerning the struck the area. Records have shown in protecting water quality in Michi- Kootenai River Sturgeon? that floods have continuously struck gan by addressing this problem. Mr. REID. I will be pleased to engage this area as early 1903. Disastrous Mr. REID. We recognize the need to in such a colloquy. flooding to the basin in the summer of upgrade our aging infrastructure to Mr. DOMENICI. As am I. 1971 and in the summer of 1973—in protect water quality throughout the Mr. CRAIG. The U.S. Fish and Wild- which six people were killed. Nation. I can assure my friend that we life Service is in the final stages of the The Green Brook Sub-Basic project, will carefully consider his request in biological opinion reporting on the which is located in north-central New conference if indeed the Conference Kootenai Sturgeon. I feel this docu- Jersey and spans throughout three committee is able to fund construction ment is severely flawed. In the assess- counties, began in 2000. The project new starts and environmental infra- ment, the economic impact is deter- will construct flood levees and flood structure projects at conference, as we mined to have ‘‘no effect’’ because the walls, bridge raisings, closure struc- have done in the past.

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.007 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7899 Mr. LEVIN. I thank my friend from Water Development District in South tant small wind energy projects, and I Nevada and the committee for their Dakota. thank him for has continued leadership hard work in putting together this im- Mr. JOHNSON. I thank the Senator. in making sure that renewable energy portant legislation. ESTUARY RESTORATION ACT will be a large part of our energy mix. SOUTH DAKOTA WATER PROJECTS Mr. CHAFEE. Mr. President, I would TRANSMISSION RELIABILITY Mr. JOHNSON. I thank the Senator like to engage the managers of he fis- Mr. DORGAN. Mr. President, I rise to from Nevada for his leadership and co- cal year 2002 Energy and Water Devel- express my strong support for the elec- operation in providing funding in the opment Appropriations bill on the tric energy systems and storage pro- fiscal year 2002 Energy and Water Ap- issue of funding for the Estuary Res- gram that funds transmission reli- propriations bill for key South Dakota toration Act. Along with Senators ability. Improving the reliability of rural water projects and priorities. As WARNER, LIEBERMAN, and SMITH of New our Nation’s transmission system is chairman of the Energy and Water Hampshire, I have offered an amend- absolutely critical. I note that while Subcommittee, he has provided funding ment that would provide $2 million in the President’s budget request substan- above the President’s request and the funding for the implementation of the tially cuts funding for this critical pro- House approved level for the Mni Estuary Act. Enacted last year, this bi- gram, the Senate has increased the Wiconi Rural Water Project and the partisan law establishes the Estuary funding from approximately $52 million Mid-Dakota Rural Water Project. Habitat Restoration Program with the last year to $71 million this year. Moreover, the Senator funded other goal of restoring one million acres of Transmission reliability is critical to important water projects in South Da- estuary habitat. We understand the ensure that our nation’s electricity kota such as the Lewis and Clark Rural budgetary constraints that the Appro- supply actually reaches states and, ul- Water System. Indeed, his commit- priations Committee is operating under timately, the homes and businesses ment will benefit many South Dako- as this bill is being considered by the where it is needed. We have seen in tans. Senate. It is my hope that the man- California, New York, and elsewhere, Mr. REID. I say to my colleague from agers can identify funding for the im- that when we don’t have sufficient sup- South Dakota that I appreciate his ef- plementation of the Estuary Restora- ply and transmission capacity, we ex- forts to work with me on this bill. As tion Act during the conference with perience blackouts and brownouts that a new member of the Senate Appropria- the House. have significant detrimental impacts tions Committee, I know the Senator is Mr. DOMENICI. I commend Senators on our economy. a leader in advocating increased in- CHAFEE, WARNER, LIEBERMAN, and We need to use this money to test vestments for rural water projects in SMITH of New Hampshire for their dedi- new technologies—specifically Com- your State. I also understand the im- cation to the issue. I will work with posite Conductor wire—that have the portance of rural water projects to the my colleagues during the conference ability to dramatically increase the ef- with the House to identify potential citizens of South Dakota and I look ficiency of existing transmission wires. sources of funding for the Estuary Res- forward to continued cooperation on This type of wire eliminates the need toration Act. for new wires, new rights-of-way, and these and other priorities. Mr. REID. I concur with Senator Mr. JOHNSON. I thank the Senator new construction, which eliminates DOMENICI. There is no objection on this from Nevada for his assistance and rec- siting and permitting problems and re- side of the aisle to the Senator from ognition of South Dakota’s rural water lated potential environmental impacts. Rhode Island’s request. We need to actually test this wire in needs. Despite the high priority given Mr. CHAFEE. I thank the Senators to provide funding for these South Da- and look forward to working with the different climatic and weather condi- kota water projects, two critical items committee to provide funding for the tions to determine the efficacy of using remain important to me as the Senate restoration of our Nation’s important this technology on a larger scale. To works to complete action on the FY02 estuary environments. this end, I would suggest to the Sub- Energy and Water Appropriations bill committee that it provide funds to ac- SMALL WIND PROJECTS tually conduct field tests to achieve in its upcoming conference with the Mr. JEFFORDS. Mr. President, I House of Representatives. thank my colleague from Nevada, Sen- these objectives. First, the Mid-Dakota Rural Water Mr. REID. I agree that we need to ator REID, for recognizing the impor- Project is in need of an increase in conduct such field tests. I know that tant role small wind projects play in funding to ensure the timely delivery the Senator from North Dakota would our energy future. As my colleague like a field test in North Dakota, which of safe, clean, and affordable water to knows, the State of Vermont has been would be extremely valuable, with the citizens and communities served by looking at the use of small wind State’s cold and wind conditions, to that project. Second, the James River projects. I appreciate the efforts of my help determine the effectiveness of this Water Development District—a sub- colleague to provide $500,000 for a small division of State government in South wind project in Vermont. technology. I will work with the Sen- Dakota—requires funding to complete Mr. REID. Small wind projects are an ator in conference to address his re- an Environmental Impact Statement important source of energy for rural quest to test this technology in the on authorized projects along the James areas that often are not connected to field. River watershed before the JRWDD can the electricity grid. Both Vermont and RENEWABLE ENERGY RESEARCH commence continued channel restora- Nevada have a number of these areas Mr. ALLARD. Mr. President, I thank tion and improvements authorized by that benefit from this reliable, sustain- the Senator from Nevada, and I com- section 401(b) of the Water Resources able, clean source of energy. mend him for his efforts to promote Development Act of 1986 (100 Stat. Mr. JEFFORDS. To ensure that these the advancement and progress of re- 4128). systems, which have power capacities newable energy sources that will help I respectfully request the Chairman’s of less than 100 kilowatts, continue to to address our energy challenges. He committing to review opportunities in play an important role, the committee has been a leader of these efforts, conference committee negotiations on recognized the need for a set aside for which are bearing real fruit. the FY02 Energy and Water Appropria- small wind programs. It is correct that This bill actually increases renew- tions bill to consider additional fund- the committee believes that not less able energy research, development and ing for the Mid-Dakota Rural Water than $10 million shall be made avail- deployment programs for fiscal year System and to consider funding for the able for new and ongoing small wind 2002 by $60 million over last year. JRWDD to complete an EIS. programs? These increases will help speed the de- Mr. REID. I express to Senator JOHN- Mr. REID. This is correct. The com- ployment of these cutting-edge tech- SON my desire to consider opportuni- mittee believes this research is impor- nologies. ties in conference committee negotia- tant, and the Department of Energy But because the House had not fully tions on the FY02 Energy and Water should set aside no less than $10 mil- funded certain solar R&D programs, Appropriations bill to increase funding lion for these programs. the committee put its emphasis for for the Mid-Dakota Rural Water Mr. JEFFORDS. I thank my col- solar programs on those programs that Project and to fund the James River league for his support of these impor- had not fared as well in the other

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.009 pfrm04 PsN: S19PT1 S7900 CONGRESSIONAL RECORD — SENATE July 19, 2001 Chamber. These programs, the Concen- technology Research, a national con- ing up surplus Russian weapons pluto- trating Solar Power program, and the sortium of industries, universities and nium. This tremendously successful Solar Buildings program with its inno- federal laboratories that together sup- swords to plowshares project is making vative Zero Energy Buildings initia- port research and technology trans- great technical progress and employs tive, are now on solid footing. But the fers? more than 500 Russian weapons sci- photovoltaics program, the program Mr. REID. Yes, I am aware of the entists and nuclear engineers. that has led to dramatic advances in consortium and am familiar with the Although the GT–MHR unit built in those solar electric panels that we see good work and significant achieve- Russia will be primarily for burning popping up on the roofs of homes and ments that the consortium has pro- plutonium, that same meltdown proof businesses across the country—this duced for the Department of Energy in reactor type can be easily converted program was not fully funded by the the past. into a uranium burning commercial re- Committee. Much of this funding goes Mr. CLELAND. I understand that the actor for use around the globe. Indeed, to the National Renewable Energy Lab committee was unable to include it in the Appropriations Committee’s report in Golden, Colorado. the Solar Renewable Account during notes that ‘‘the United States must I understand the committee hopes to its consideration of the energy and take full advantage of the development accept the House number for PV pro- water development appropriations bill. of this attractive technology for a pos- grams in conference, and I just want to Mr. REID. Yes, I believe that is cor- sible next generation nuclear power re- give the Senator from Nevada an op- rect. actor for United States and foreign portunity to speak to this issue. Mr. CLELAND. As the energy and markets’’. Mr. REID. I thank the Senator from water development bill moves into con- However, the committee’s bill does Colorado. Yes, it is our intention to ference, I hope the Senate can identify not explicitly provide any dollars for seek the House funding level for additional funds in the Solar and Re- the commercialization of the GT–MHR photovoltaics in conference, and push newable Account or another appro- design. The senior Senator from New Mexico for our funding level for CSP and solar priate research account for the consor- is a leader in nuclear energy and re- buildings. All three solar programs de- tium so that it can continue its impor- search. I want to ask my good friend, serve increases from the current fiscal tant work. the Ranking Member of the Energy and year, and we intend to see this through Mr. REID. The Senate will do all it Water Subcommittee, the following in conference. I thank the Senator for can to find these funds for the consor- question regarding the commercializa- his work on this issue and for being a tium as we work with the House con- tion of the GT–MHR: the ‘‘Nuclear En- friend of clean, renewable energy pro- ferees on the bill. ergy Technologies’’ account in the bill grams. Mr. ALLARD. I commend my col- provides $7 million for Generation IV METROPOLITAN NORTH GEORGIA WATER league from Georgia, Senator CLELAND, for his work on behalf of the consor- reactor development and for further re- PLANNING DISTRICT search on small, modular nuclear reac- Mr. CLELAND. I thank the distin- tium and state my support for the allo- tors. Given that the federal govern- guished Senator from Nevada for his cation of funding for the consortium in ment is already making a substantial leadership on the Appropriations En- the energy and water development ap- propriations bill in conference. The investment on the GT–MHR for non- ergy and Water Subcommittee. I would proliferation purposes, and given the like to ask the Senator from Nevada consortium, of which the university of Colorado is a member, has an astound- near-term promise of this reactor, whether I am correct in my under- doesn’t it make sense that at least one- standing that the reason the Metro- ing record of obtaining private sector matching support for its research ac- half of the $7 million provided be used politan North Georgia Water Planning by the Department of Energy for GT– District, a project that was one of my tivities and has done an amazing job of commercializing its research product. MHR commercialization efforts? highest priorities because of its impor- Mr. DOMENICI. I thank my friend For every dollar invested in the consor- tance to the people of my State and its from Alaska for his observations and tium, $2.20 worth of research has been priority with the Governor of Georgia, for his question. As the Senator knows, conducted with private sector match- was not included in the Energy and I too am a great fan of the development ing funds—an impressive 120 percent Water Appropriations Subcommittee of the GT–MHR in Russia and indeed, I report was because of the subcommit- private sector match. Additionally, the was the Senator that initiated the first tee’s policy made pursuant to budg- consortium has managed to commer- Federal funding for this program. The etary constraints that new start con- cialize its research within an average question is a fair one and I will have to struction and/or environmental infra- of three years, compared to an industry say that his observations and the con- structure water projects will not be ad- average of about 10 years. Again, I clusion he draws from them are cor- dressed until the Energy and Water De- would like to state my support for rect. I agree that a substantial portion velopment Appropriations Act is con- funding for this unique and efficient of the $7 million in funding should in- sidered in conference committee? national research institution. deed be put to good use in commer- Mr. REID. The Senator from Georgia Mr. REID. The committee is award of cializing the GT–MHR which is being is correct. the good work the consortium has pro- designed with great cost-effectiveness Mr. CLELAND. Am I also correct in duced with department of Energy fund- and success in Russia. my understanding that when the En- ing over the past decade. The Senate Mr. STEVENS. I thank my good ergy and Water Development Appro- will do its best to try and identify friend from New Mexico for his re- priations Act is considered by the con- funding for the consortium while in sponse. Small modular reactors which ference committee that the Metropoli- conference with the House. are of great potential importance to tan North Georgia Water Planning Dis- GAS COOLED REACTOR SYSTEMS rural areas and hence of great interest trict Project will be considered for in- Mr. STEVENS. Mr. President, as to me. Last year, at my request, Con- clusion in the conference report? some Members may be aware, I have gress provided $1 million for the De- Mr. REID. The Senator is correct supported the development of gas partment of Energy to study the feasi- that the Metropolitan North Georgia cooled reactor systems, both small and bility of small modular nuclear reac- Water Planning District project will be large, for the provision of electric tors for deployment in remote loca- considered for inclusion in the Energy power and useful heat for our cities. As tions. That report is now done and in and Water Development Appropriations currently envisioned, gas cooled reac- brief, the Department of Energy has Act conference report. I will make tors will be meltdown proof, create concluded that such reactors are not every effort to accommodate my col- substantially less radioactive waste only feasible, but may eventually be a league. and will be more efficient than our cur- very desirable alternative for many re- CONSORTIUM FOR PLANT BIOTECHNOLOGY rent generation of reactors. mote communities without access to RESEARCH Currently, the Department of Energy clean, affordable power sources. Mr. CLELAND. Mr. President, is the is funding a joint U.S.-Russian effort to Importantly, one of the most desir- senator from Nevada aware of an enti- develop the Gas Turbine Modular He- able remote reactor types the Depart- ty called the Consortium for Plant Bio- lium Reactor for the purpose of burn- ment examined was a reduced sized

VerDate 19-JUL-2001 05:25 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.012 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7901 version of the GT–MHR called the Re- aspects of this request, however. I am am pleased to have the commitment of mote Site Modular Helium Reactor. concerned that this request would have my colleagues from the Armed Serv- Given the outstanding characteristics effects on the WRDA cost-share policy, ices Committee to assist in addressing of this remote reactor as identified in which requires greater non-federal con- the outstanding issues with the fissile the Department’s report and given that tributions for navigation projects that materials disposition program. I look the Department is already developing go deeper than 45 feet. I would not forward to working with my colleagues the basic technology via the Russian want the Army Corps to conclude that on this issue. program, I believe the Department of it could apply the cost-shares for the Mr. THURMOND. I join my col- Energy should focus on further devel- Kill van Kull, Arthur Kill, or Port Jer- league, Senator HOLLINGS, and express oping the RS–MHR in the upcoming sey project to the effort to bring about my concern regarding recent develop- year. 50-foot channel depths, which require a ments in the Plutonium Disposition I thank the Senator from New Mex- larger non-federal contribution. I hope Program. I thank him for bringing this ico. the Senators would understand that, as discussion to the floor today. NEW YORK-NEW JERSEY HARBOR NAVIGATION a member of the Senate Environment The Plutonium Disposition Program, Mr. SCHUMER. Mr. President, there and Public Works Committee, I could particularly the Mixed Oxide Fuel Pro- are currently three major federally au- not support appropriations language gram is of critical importance to our thorized and sponsored navigation that would undermine the WRDA pol- Nation. There are invaluable national projects under construction in the Port icy or the committee’s jurisdiction. security aspects, including the of New York and New Jersey and a Mr. SCHUMER. I would respond to counter-proliferation mission. In addi- fourth in the preconstruction, engi- my friend, the distinguished chairman, tion, the MOX program can be an im- neering, and design phase. The projects that the report language we seek will portant factor in addressing our Na- that would deepen the Arthur Kill be consistent with the WRDA policy re- tion’s energy needs. Channel to 41 feet, the Kill van Kull garding the appropriate cost-share for I have had many conversations with Channel to 45 feet, the Port Jersey and navigation project. I would also say administration officials on this matter. New York Harbor channels to 41 feet, that we intend to secure the Army I received personal assurances from the are being built. An overarching project Corps’ support as well as that of the Secretary of Energy, who stated MOX called the New York-New Jersey Har- Senate Environment and Public Works is his ‘‘highest nonproliferation pri- bor Navigation project which would Committee Chairman. We are merely ority.’’ Yet I am still concerned the ad- take these channels to 50-feet depths is raising this issue tonight because we ministration is not fully committed to in PED. have not been able to settle this mat- the Plutonium Disposition Program, These projects are staggered in this ter yet, and need some additional time. leaving South Carolina as a dumping fashion only because of the order in Mr. REID. In the interest of con- ground for our Nation’s surplus nuclear which they were authorized. I would structing these projects as quickly as weapons material. ask my colleague from New Jersey if possible and with the greatest savings Mr. HOLLINGS. I thank the Senator there is any other reason for this seg- to the American taxpayer, I would re- for his remarks. I would appreciate mentation. spond to my colleague that we will be Senator THURMOND’S views on MOX as Mr. TORRICELLI. There certainly is happy to consider any such conference a primary option for plutonium dis- no policy reason. In fact, each con- report language. I urge him to get it to position. Would you also agree that stituent project has passed a cost-ben- us as soon as possible. South Carolina should also be provided efit analysis, each has been shown to Mr. TORRICELLI. On behalf myself a concurrent back-up option to MOX? be in the federal interest, and each is and the Senator from New York, I Mr. THURMOND. I thank the Sen- subject to the appropriate cost-share thank the chairman. ator for his question. While MOX consistent with Water Resource Devel- MIXED OXIDE FUEL should be the primary disposition op- opment Act policy. The Port Authority Mr. HOLLINGS. Mr. President, I tion, I do agree there should be a of New York and New Jersey will fund drafted an amendment to the FY02 En- backup plan for disposing surplus plu- the non-Federal share of each of these ergy and Water Subcommittee to delay tonium. I will work with my colleagues projects. plutonium shipments to the Savannah to require the administration to guar- Since the Harbor Navigation Project River Site until the administration so- antee a back-up plan. was authorized last year, the Army lidifies its commitment to South Caro- Mr. HOLLINGS. I thank the Senator. Corps and the Port Authority have lina to treat weapons-grade material I would inquire of my colleague on his been working to formulate a plan that and move them off-site. I understand views on the cost of not proceeding. would allow these projects to be man- this may be viewed as an extreme Would the Senator agree that not deal- aged as one in order to provide time measure, but the result of budget cuts ing with the existing stockpiles of nu- and cost savings. They have recently to Fissile Materials Disposition pro- clear materials and oxides found at concluded that doing this could result grams by DOE forced the NNSA to DOE industrial and research sites will in as much as $400 million in savings to abandon a concurrent dual track ap- ultimately cost more than the con- the Federal Treasury. proach for plutonium disposition and struction of the MOX facility and the But in order to achieve that savings, to substitute a risky ‘‘layered’’ ap- Plutonium Immobilization Plant? it is important that we begin looking proach. Despite administration brief- Mr. THURMOND. The Senator is cor- at joint management of these projects ings and testimony before Congress, rect, the status quo simply does not as soon as possible. I ask the distin- there remain serious concerns about make fiscal sense. It is my under- guished Chairman, if Senators CORZINE, the disposition strategy contemplated standing that the cost of the two CLINTON, SCHUMER and myself can dem- by DOE and significant risk to South plants together is less than the cost of onstrate that the Army Corps could Carolina to store these materials for an current storage requirements, over a achieve substantial future Federal sav- extended duration, maybe indefinitely, comparable time period. In fact, ac- ings by jointly managing all four of before they are processed. cording to a November 1996 DOE report these projects, would he assist us in I fully understand the DOE-wide im- entitled ‘‘Technical Summary for Long our efforts to secure conference report plications of delaying the closing of Term Storage of Weapons-Useable language that would allow the Corps to Rocky Flats and empathize with my Fissile Materials,’’ building and oper- manage these projects in this manner? colleague from Colorado’s keen inter- ating the MOX plant over a 50-year pe- Mr. REID. I would say to my friends, est in closing the site. South Carolina, riod, is over $1 billion less than the the Senators from New York and New and other DOE-site states, have been costs of maintaining the current infra- Jersey, that I am appreciative of their instrumental in assisting Colorado in structure. desire to reduce the cost of major meeting DOE milestone to close the Mr. ALLARD. I thank my good Army Corps projects. They know as site ahead of schedule. South Carolina friend, Senator HOLLINGS, for allowing well as I do that the Corps has a $40 should have a definite timetable for me to speak on matter and for compro- plus billion backlog of authorized treating waste on site and an identified mising on his amendment regarding projects. I am concerned about a few pathway out, too, just like Colorado. I plutonium disposition. As the Senator

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.014 pfrm04 PsN: S19PT1 S7902 CONGRESSIONAL RECORD — SENATE July 19, 2001 knows, I was opposed to his original that the waste is treated and disposed The reality is that very few people amendment and glad to see that a com- of properly. I want to assure my col- know how billions of dollars are spent promise has been reached regarding leagues that the Strategic Sub- in the routine cycle of the appropria- this very important issue of fissile ma- committee will carefully examine this tions process. No doubt, the general terials disposition. The Senator’s origi- issue as the Senate Armed Services public would be appalled that many of nal amendment would have prohibited Committee considers the Fiscal Year the funded projects are, at best, ques- any funding for the transportation of 2002 Defense Authorization bill. tionable—or worse, unauthorized, or surplus U.S. plutonium to the Savan- Mr. MCCAIN. Mr. President, the En- singled out for special treatment be- nah River Site until a final agreement ergy and Water Development Appro- cause of politics. was concluded for primary and sec- priations bill is important to the Na- This is truly a disservice to the ondary disposition activities. tion’s energy resources, improving American people who rely on the Con- All members with a DOE site located water infrastructure, and ensuring our gress to utilize prudent judgement in in their State understand how sensitive national security interests. Let me the budget approval process. these issues are to our constituents. first commend the managers of this Let me share a few examples of what But we also understand the importance bill, the distinguished Chairman Sen- the appropriators are earmarking this of the nationwide integration of sites ator REID and Ranking Member Sen- year: additional $10 million for the to ensure that DOE can continue to ator DOMENICI, for their hard work in Denali Commission, a regional com- meet all its needs and requirements. completing the Senate bill in order to mission serving only the needs of Alas- Representing Colorado and Rocky move the appropriations process for- ka; $200,000 to study individual ditch Flats, I was concerned that this ward. systems in the state of Hawaii; ear- amendment could have delayed the The bill provides funding for critical mark of $300,000 for Aunt Lydia’s Cove shipment of plutonium to SRS by at cleanup activities at various sites in Massachusetts; $300,000 to remove least 1 year, delaying the scheduled across the country and continues ongo- aquatic weeds in the Lavaca and 2006 closure date, costing at least $300 ing water infrastructure projects man- Navidad Rivers in Texas; $3 million for million a year. As the ranking member aged by the Army Corp of Engineers a South Dakota integrated ethanol of the Strategic Subcommittee on the and the Bureau of Reclamation. The complex; $2 million for the Sealaska Armed Services Committee, I was con- bill also increases resources for renew- ethanol project; two separate ear- cerned that this amendment could have able energy research and nuclear en- marks, totaling $5 million, for gasifi- interrupted the delicate balance of in- ergy programs that are critical to en- cation of Iowa Switch Grass; additional tegration between all the sites by de- suring a diverse energy supply for this $2.7 million to pay for electrical power laying shipments from Lawrence Liver- Nation. systems, bus upgrades and communica- These are all laudable and important more National Laboratory, Hanford, tions in Nevada; $500,000 to research activities, particularly given the en- the Mound Site in Ohio to SRS, pos- brine waste disposal alternatives in Ar- ergy problems facing our Nation. While sibly triggering a chain reaction by izona and Nevada; and, $9.5 million to I have great respect for the work of my other sites to deny SRS waste. pay for demonstrations of erosion con- However, I definitely understand colleagues to complete the committee recommendations for the agencies trol in Mississippi. South Carolina’s concerns regarding These are just a few examples from funded in this bill, I am also dis- the ability of SRS to properly dispose the 24-page list of objectionable provi- appointed that the appropriators have of DOE surplus plutonium. To my col- sions I found in this bill and its accom- once again failed to abide by a fair and leagues from South Carolina, I strong- panying report. responsible budget process by inflating ly support the establishment of a As I learned during the consideration this bill with porkbarrel spending. Un- Mixed Oxide Fuel facility at SRS and of the Interior appropriations bill when fortunately, my colleagues have deter- will do all I can to assist in estab- my efforts failed to cut wasteful spend- mined that their ability to increase en- lishing some form of backup capability ing for a particular special interest ergy spending is just another oppor- at the site as well. project, an overwhelming majority of tunity to increase porkbarrel spending. As one member who is sensitive to This bill is 5.8 percent higher than my colleagues accept and embrace the these concerns, I pledge to work with the level enacted in fiscal year 2001, practice of porkbarrel spending. my South Carolina colleagues on this which is greater than the 4 percent in- I respect the work of my colleagues very important issue, not only for crease in discretionary spending that on the appropriations committee. How- South Carolina, but also for the sake of the President wanted to adhere to. ever, I do not believe that the Congress the entire DOE complex. In real dollars, this is $2.4 billion in should have absolute discretion to tell I admire Senator HOLLINGS’ persist- additional spending above the amount the Army Corps or the Bureau of Rec- ence on this matter and for working requested by the President, and $1.4 lamation how best to spend millions of with all of us who had concerns. I billion higher than last year. So far taxpayer dollars for purely parochial pledge to work not only with all mem- this year, with just two appropriations projects. bers who have a DOE site to ensure a bills considered, spending levels have I repeat my conviction that our smooth and workable integration of exceeded the president’s budget request budget process should be free from such sites regarding the treatment and dis- by more than $3 billion. blatant and rampant porkbarrel spend- posal of waste. As chairman and rank- A good amount of this increase is in ing. Unfortunately, to the detriment of ing member of the Strategic Sub- the form of parochial spending for American taxpayers, the practice of committee of the Armed Services Com- unrequested projects. In this bill, I porkbarrel spending has advanced at mittee, Senator REED and I will have have identified 442 separate earmarks light-speed in the last decade and an opportunity to address the pluto- totaling $732 million, which is greater shows no sign of abating. nium disposition program as part of than the 328 earmarks, or $300 million, Just look at the numbers. the FY02 National Defense Authoriza- in the Senate bill passed last year. We have witnessed an explosion of tion Bill. I again thank the Senator for I have no doubt that many of my col- unrequested projects passed by Con- this opportunity to express my con- leagues will assert the need to expend gress in the last decade. According to cerns and gratitude. Federal dollars for their hometown the Office of Management and Budget, Mr. REED. I thank my colleagues Army Corps projects or to fund devel- there were 1,724 unrequested projects in from South Carolina for raising this opment of biomass or ethanol projects 1993; 3,476 in 2000; and 6,454 unrequested very important issue. I also want to in their respective States. If these projects this fiscal year. commend my colleague from Colorado projects had been approved through a We all know the direction this spend- for working with senators from South competitive, merit-based prioritization ing train is going. Come October, Carolina on this matter. As the chair- process or if the American public had a spending bills will be piled-up, frantic man of the Strategic Subcommittee of greater voice in determining if these negotiations will ensue, a grand deal the Armed Services Committee, I am projects are indeed the wisest and best will be struck, and guess what? Those very interested in ensuring that DOE use of their tax dollars, then I would spending caps we were supposed to sites are closed in a timely manner and not object. abide by will just fade away.

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.048 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7903 I hope I am wrong. and Water Development Appropriations Site. Unfortunately, I have recently Mr. BIDEN. Mr. President, I rise to Act for fiscal year 2002. I believe the heard some troubling stories regarding voice my strong support for the Mate- Senate has addressed these very com- the commitment of the White House to rial Protection, Control, and Account- plex matters appropriately. this important program. ing, or MPC&A, program managed by As we all know, this bill funds many The New York Times ran a story this the Department of Energy to better se- significant projects. Of particular sig- Monday, July 16, 2001 entitled ‘‘U.S. cure and protect nuclear weapons and nificance to me is the critical funding Review on Russia Urges Keeping Most materials in the former Soviet Union. I this bill provides for the clean-up ac- Arms Control,’’ which greatly con- want to strongly urge the House-Sen- tivities at our Nation’s Department of cerned me. ate conference committee for this bill Energy nuclear weapons sites and more According to the article, while most to increase the funding for this impor- specifically the Savannah River Site of the programs initiated in the pre- tant initiative. I call upon the Senate (SRS) in my hometown of Aiken, SC. I vious Administration will be retained, conferees to join with our House col- was disappointed by the administra- ‘‘the White House plans to overhaul a leagues in supporting a $190 million tion’s proposed budget for these activi- hugely expensive effort to enable Rus- funding level for fiscal year 2002. ties, and have indicated so publicly on sia and the United States to each de- The MPC&A program is often re- numerous occasions. At SRS alone, the stroy 34 tons of stored plutonium. . . .’’ ferred to as the first line of defense in fiscal year 2002 request was almost $160 Mr. President, what the White House is safeguarding Russian nuclear materials million less than the previous year. discussing here is the Mixed Oxide Fuel against potential diversion or theft. This bill provides an additional $181 Program, known as MOX. This facility From the mundane, such as installing million for these crucial cleanup ac- is planned for the Savannah River Site. barbed wire fences around sites, to tivities and should ensure that SRS As you likely already know, the MOX more sophisticated measures like im- will stay on schedule to meet its future program has an invaluable counter-pro- plementing computerized material ac- regulatory commitments to the State liferation mission. Thanks to an agree- counting systems to keep track of nu- of South Carolina as well as the Envi- ment with the Russian Government, clear materials, the MPC&A program ronmental Protection Agency. signed last year, the MOX program will helps ensure that rogue regimes and While I am supportive of most ele- help take weapons grade plutonium out terrorist groups do not have access to ments of this bill there were some of former Soviet stockpiles, and will the most dangerous byproducts of the issues which concerned me. Specifi- also divert such materials from poten- cold war. cally, the report which accompanies tially falling into the hands of rogue Let me make clear that this program this bill included a directive that the nations, terrorists, or criminal organi- has been considered an enormous suc- Department of Energy transfer the Ac- zations. In and of itself, this clearly cess. Various studies and reports have celerator for the Production of Tritium makes the MOX program worth every confirmed the cost effectiveness of this (APT) project from the Office of De- penny. Earlier this year I asked Sec- program. Simply put, it benefits both fense Programs within the National retary of Energy Abraham where he Russia and the United States, as well Nuclear Security Administration stands on this program and he re- as all the other former members of the (NNSA) to the Office of Nuclear En- sponded that MOX is his ‘‘highest non- Soviet Union. ergy, Science and Technology for in- But our current efforts may not be clusion in the Advanced Accelerator proliferation priority.’’ enough. A high-level bipartisan level Applications office. Beyond the important national secu- headed by former Majority Leader I disagree with this proposal and will rity aspects of this program there are Howard Baker and Lloyd Cutler de- oppose such a move. First and fore- many domestic issues which must be clared earlier this year: most, this is an appropriations bill, not considered in evaluating this program. While the security of hundreds of tons of an authorization. The APT program From the standpoint of providing a Russian material has been improved under was authorized in section 3134 of the much needed source of energy, MOX the MPC&A Program, comprehensive secu- Defense Authorization Act for fiscal makes good sense. Presently, there are rity upgrades have covered only a modest year 2000 as a defense program. I whole- quite literally tons of surplus nuclear fraction of the weapons-usable material. heartedly support exploring additional weapons materials stored throughout There is no program yet in place to provide scientific, engineering research, devel- the Department of Energy (DOE) indus- incentives, resources, and organizational ar- opment and demonstrations with this trial complex that could be processed rangement for Russia to sustain high levels in our MOX facility and reintroduced of security. superb technology and I believe this work may yield dramatic advances. as a fuel for commercial nuclear reac- The Baker-Cutler panel goes on to tors. Here is the beauty of this pro- recommend $5 billion in improvements However, APT is and should remain a Defense Program. Last year, the De- gram, once MOX is burned in selected and upgrades to the MPC&A program reactors it is gone for good. It cannot over the next 8 to 10 years to accom- partment established a new Accel- erator Development effort. This office be used for weapons ever again and plish these objectives. there is no more need for storage. That may be too ambitious an objec- is ‘‘Co-Chaired’’ by the NNSA’s Office tive given our current budget environ- of Defense Programs and the Depart- Furthermore, I am convinced that ment. At the very least, the Baker-Cut- ment of Energy’s Office of Nuclear En- not dealing with the existing stock- ler report points to the need to build ergy, Science and Technology. I have piles of nuclear materials and oxides upon, not cut back, existing funding no objections of combining efforts at that are found at the six DOE indus- for the MPC&A program. In testimony the Department of Energy where ap- trial and research sites will ultimately before the Foreign Relations Com- propriate, however, the primary mis- cost substantially more than the con- mittee in March, Senator, and now sion of the APT is, as defined by law, struction of the MOX facility. Accord- Ambassador, Baker offered a personal to serve as a backup source of tritium ing to the previously mentioned news concern: for our nation’s strategic arsenal. article, ‘‘the administration insists it Finally, I would like to discuss the is still exploring less expensive op- I am a little short of terrified at some of the storage facilities for nuclear material Fissile Materials Disposition Programs tions.’’ According to a November 29, and nuclear weapons; and relatively small as discussed in the bill. This bill cor- 1996 DOE report entitled Technical investments can yield enormous improve- rectly describes the excess weapons Summary for Long Term Storage of ments in storage and security. So, from my grade plutonium in Russia as a ‘‘clear Weapons-Useable Fissile Materials, the standpoint, that is my first priority. and present danger to the security of costs of maintaining the current infra- I share his well-grounded fear, and I United States. . . .’’ I believe it is in structure far exceeds the costs of build- hope my colleagues in both houses will the best interest of all Americans to ing and operating the MOX plant ac- recognize the vital benefits that the move forward with this program expe- cording to the current plan. According MPC&A program contributes to our na- ditiously. I am further pleased that the to the report, the cost for storage of tional security. administration fully funded the Mixed plutonium in constant 1996 dollars is Mr. THURMOND. Mr. President, I am Oxide Fuel Fabrication Facility to be estimated to be approximately ‘‘$380 pleased to rise in support of Energy constructed at the Savannah River million per year and the operating cost

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.028 pfrm04 PsN: S19PT1 S7904 CONGRESSIONAL RECORD — SENATE July 19, 2001 for 50 years of operation at approxi- The review also calls for a shift in philos- Capitol Hill are likely to be shut down or mately $3.2 billion. The cost is insensi- ophy from ‘‘assistance to partnership’’ with ‘‘refocused,’’ the official said. tive to where the plutonium is stored Russia. Though it is no longer very expensive, an- To do that, the official said, Russia would other program, the Nuclear Cities Initiative, at any one of the four sites.’’ The sta- have to demonstrate a willingness to make a has already been scaled back by Congress. It tus quo simply does not make fiscal financial and political commitment to stop was begun in 1998 to help create nonmilitary sense. the spread of advanced conventional weapons work for Russia’s 122,000 nuclear scientists Perhaps the most critical domestic and to end its sale of nuclear and other mili- and to help Russia downsize geographically consideration regarding the MOX pro- tary-related expertise and technology to Iran and economically isolated nuclear cities, gram is that it creates a ‘‘path out’’ for and other nations unfriendly to the United where 760,000 people live. materials currently being stored at States. Unhappy with both the cost and the Rus- One administration official said the issue sian reluctance to open these cities. SRS and awaiting processing as well as of how to handle Russia’s sales of sensitive Unhappy with both the cost and the Rus- those materials that could be shipped technology and expertise not only to Iran, sian reluctance to open these cities fully to to the site and processed there in the Iraq, Libya and others hostile to America Western visitors, Congress has repeatedly future. South Carolina agreed to accept was being considered separately by the slashed money for the program. Under the nuclear materials shipments into SRS White House. No decisions have been made Bush review, the undefined ‘‘positive as- based on the understanding that an ex- yet. pects’’ would be merged into other programs, But on those issues, it would be ‘‘hard to and most of the program closed. peditious ‘‘pathway out’’ would exist. create a partnership if we think that Russia Canceling the Plutonium Disposition The Clinton administration had begun the is proliferating,’’ this official added. ‘‘It’s program to provide civilian work for Rus- Program eliminates the ‘‘path out.’’ not a condition; it’s a fact of life.’’ sia’s closed nuclear cities. The aim was to Neither I nor anyone else who rep- Administration officials said the rec- prevent nuclear scientists there from leaving resents South Carolina at the Federal ommendation to extend most Administra- for Iraq, Iran and other aspiring nuclear or State level is willing to see the Sa- tion officials said the recommendation to ex- powers. Under the program, the Russians vannah River Site become the de facto tend most nonproliferation programs was would also have to expedite the closure of not conditioned upon Russian acquiescence two warhead-assembly plants and their con- dumping ground for the nation’s nu- to the administration’s determination to clear materials. If the ‘‘path out’’ for version to civilian production. build a nuclear missile shield. ‘‘The administration will be missing an op- these materials disappears, then the The review covered 30 programs with an portunity to shut down two warhead produc- annual outlay of some $800 million. They are ‘‘path in’’ to the Savannah River Site tion plants if it abandons the Nuclear Cities a cornerstone of America’s scientific and is likely to become muddy. That is bad Initiative,’’ said Rose Gottemoeller, a senior military relationship with Russia. The pro- for cleanup nationwide. Energy Department official during the Clin- grams, involving mostly the Pentagon, the ton administration. The administration says Ambassador Howard Baker and Mr. Energy Department and the State Depart- Russia plans to close those two facilities in Lloyd Cutler reached a series of con- ment, pay for the dismantling of weapons fa- any event. clusions in their recent report from the cilities and the strengthening of security at The White House also intends to overhaul Russia Task Force, any one of which sites where nuclear, chemical and biological a hugely expensive effort to enable Russia justifies aggressive support for the weapons are stored. President Bush is expected to discuss some and the United States each to destroy 34 tons MOX program. However one statement of stored plutonium by building facilities in struck me as particularly poignant. of these programs when he meets with Presi- dent Vladimir V. Putin next weekend. That Russia and the United States. The program, Specifically, as stated in the report, meeting, in Genoa, Italy, is expected to focus as currently structured, will cost Russia $2.1 ‘‘the national security benefits to U.S. on American plans to build the missile billion and the United States $6.5 billion, at citizens from securing and/or neutral- shield, which the Americans admit would a minimum. The administration has pledged izing the equivalent of more than 80,000 violate a longstanding treaty between the $400 million and has already appropriated nuclear weapons and potential weapons two nations. $240 million. The administration’s endorsement of most In February 2000, the Clinton administra- would constitute the highest return on tion wrested a promise from Russia to stop investment in any current U.S. na- of the nonproliferation programs begun by the Clinton administration will not surprise making plutonium out of fuel from its civil- tional security and defense program.’’ most legislators, given that the administra- ian power reactors as part of a research and I am concerned by the signals coming tion is now trying to avoid being portrayed aid package. While Russia was supposed to from the White House. I intend to ask as single-minded on national security mat- stop adding to its estimated stockpile of 160 President Bush to publicly support this ters in its pursuit of a missile shield, and as tons of military plutonium by shutting down initiative and put an end to my con- unresponsive to European support for arms three military reactors last December, Mos- cow was unable to do so because the reac- cerns as well as those of my colleagues control. Officials said that although cabinet offi- tors, near Tomsk and Krasnoyarsk, provide and all of the states involved. cials had discussed the review’s findings, no heat and electricity to those cities. In closing, this is a good bill and I am final decisions on the recommendations Critics said the original program was too pleased to support it. would be made until Congress reacted to the costly and was not moving forward. But sup- Mr. President, I ask unanimous con- proposals. The administration has begun ar- porters say the Bush administration should sent to print the New York Times arti- ranging to brief key legislators on the re- try harder to solicit funds from European cle in the RECORD. sults of its review, which began in April and and other governments before shelving the was conducted by an expert on Russia on effort and walking away from the accord. There being no objection, the mate- The administration insists it is still ex- rial was ordered to be printed in the loan from the State Department to the Na- tional Security Council office that deals ploring less expensive options. RECORD, as follows: with nonproliferation strategy. That office is The administration has also deferred a de- [From the New York Times, July 16, 2001] headed by Bob Joseph. cision on a commitment to help Russia build U.S. REVIEW ON RUSSIA URGES KEEPING MOST In interviews, administration officials said facilities to destroy 40,000 tons of chemical ARMS CONTROLS the White House would not overlook Russian weapons, the world’s such stockpile. The efforts to weaken the programs by restrict- first plant has been completed at Gorny, 660 (By Judith Miller with Michael R. Gordon) ing access to weapons plants or by erecting miles southeast of Moscow, but American as- A Bush administration review of American obstacles to meeting nonproliferation com- sistance to build a second plant at assistance to Russia has concluded that most mitments. ‘‘We have a high standard for Rus- Shchuchye, 1,000 miles southeast of Moscow, of the programs aimed at helping Russia stop sian behavior,’’ one official said. has been frozen by Congress. the spread of nuclear, chemical and biologi- The review has concluded that most of the Many legislators have complained that the cal weapons are vital to American security $420 million worth of the Pentagon’s pro- Russian have not fully declared the total and and should be continued, a senior adminis- grams—called Cooperative Threat Reduc- type of chemical weapons they made, and tration official says. Some may even be ex- tion—are ‘‘effectively managed’’ and advance that they have put up too little of their own panded. American interests. money for the project. But the White House wants to restructure The White House also intends to expand In February, however, Russia announced or end two programs: a $2.1 billion effort to State Department programs that help Rus- that it had increased its annual budget for dispose of hundreds of tons of military pluto- sian scientists engage in peaceful work destroying the weapons sixfold, to $105 mil- nium and a program to shrink Russian cities through the Moscow-based International lion, and presented a plan to begin operating that were devoted to nuclear weapons devel- Science and Technology Center, which the the first of three destruction plants. The ad- opment, and to provide alternative jobs for European Union and Japan also support, and ministration official said this reflected a nuclear scientists, the official said in an other institutions. ‘‘significant change’’ in Russia’s attitude to- interview on Friday. Both these programs But some big-ticket programs whose budg- wards commitments that ‘‘could have an im- have been criticized in Congress. ets have already been slashed or criticized on pact on our thinking’’ about the program.

VerDate 19-JUL-2001 05:25 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.108 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7905 The Russians hope to destroy their vast [Rollcall Vote No. 240 Leg.] Mr. SARBANES. Mr. President, I ask chemical stocks by 2012, a deadline. YEAS—97 unanimous consent the order for the The Russians hope to destroy their vast quorum call be dispensed with. chemical stocks by 2012, a deadline that will Akaka Dorgan Lugar Allard Durbin McConnell The PRESIDING OFFICER. Without require that they obtain a five-year exten- Allen Edwards Mikulski objection, it is so ordered. sion. But Moscow will not be able to meet Baucus Enzi Miller Mr. SARBANES. Mr. President, I in- even that deferred deadline unless construc- Bayh Feingold Murkowski tion begins soon for a destruction installa- Bennett Feinstein Murray quire what the parliamentary situation tion at Shchuchye. Biden Fitzgerald Nelson (FL) is. The Clinton administration, after Congress Bingaman Frist Nelson (NE) The PRESIDING OFFICER. There is slashed funds for the project, lined up sup- Bond Graham Nickles no business pending at this time. Boxer Gramm Reed port from several foreign governments. Breaux Grassley Reid f Elisa Harris, a research fellow at the Uni- Brownback Gregg Roberts versity of Maryland and a former specialist Bunning Hagel Rockefeller THE NOMINATION OF ROGER on chemical weapons for President Clinton’s Burns Harkin Santorum WALTON FERGUSON, JR. National Security Council, said the destruc- Byrd Hatch Sarbanes Campbell Helms Schumer Mr. SARBANES. Mr. President, I tion effort could falter unless the Bush ad- want to speak briefly with respect to ministration persuaded Congress to rescind Cantwell Hollings Sessions Carnahan Hutchinson Shelby the ban and finally support the program. the nomination of Roger W. Ferguson Carper Hutchison Smith (NH) to the Board of Governors of the Fed- Commenting on the review, Leon Fuerth, a Chafee Inhofe Smith (OR) visiting professor of international affairs at Cleland Inouye Snowe eral Reserve System. I understand George Washington University and the na- Clinton Jeffords Specter later today at the appropriate time we tional security adviser to former Vice presi- Cochran Johnson Stabenow will be taking up the Ferguson nomina- dent Al Gore, said, ‘‘By and large they are Collins Kennedy Stevens tion. As I understand it that will be Conrad Kerry Thomas going to sustain what they inherited, which after the Graham nomination. This is good for the country.’’ Corzine Kohl Thompson Craig Kyl Thurmond seems an opportune time to take a mo- But the senior Bush administration official Crapo Landrieu Torricelli said the review did not endorse the Clinton ment or two because, presumably, at Daschle Leahy Warner the time we vote people may be in approach. This administration, he said, is de- Dayton Levin Wellstone termined to ‘‘establish better and more cost- DeWine Lieberman Wyden somewhat of a hurry to draw our busi- efficient ways’’ of achieving its nonprolifera- Dodd Lincoln ness to a conclusion. tion goals and integrating such programs Domenici Lott The nomination of Roger Ferguson into a comprehensive strategy toward Rus- NAYS—2 was reported out of the Banking Com- sia. He said the White House planned to form McCain Voinovich mittee on July 12 with one dissenting a White House steering group ‘‘to assure that vote in the committee. He is currently the programs are well managed and better NOT VOTING—1 a member of the Federal Reserve coordinated.’’ Ensign Board. This would be for another term The PRESIDING OFFICER. Are there The bill (H.R. 2311), as amended, was on the Board, a reappointment. He was further amendments? passed. nominated for another term by Presi- Mr. DOMENICI. Mr. President, I have (The bill will be printed in a future dent Clinton in 1999, but action was not no further amendments. I thank the edition of the RECORD.) taken on that nomination so it simply seven members of the staff on both Mr. REID. I move to reconsider the remained pending, although he contin- sides who worked diligently on a very vote and I move to lay that motion on ued under the applicable rules that complicated bill. On Senator REID’s the table. govern membership on the Board of staff: Drew Willison, Roger Cockrell, The motion to lay on the table was Governors, to serve on the Board. In Nancy Olkewicz; members of my staff: agreed to. the first part of this year, President Tammy Perrin, Jim Crum, Camille An- Mr. REID. I move that the Senate in- Bush resubmitted his nomination to derson, and Clay Sell. sist on its amendment, request a con- the Senate for membership on the The Senator’s staff has been a pleas- ference with the House, and the Chair Board of Governors of the Federal Re- ure to work with, and I hope mine has. be allowed to appoint conferees on the serve System for a term of 14 years, I thank you for the pleasantries and part of the Senate, with no intervening which is the standard term for mem- the way we have been able to work this action or debate. bers of the Board of Governors. bill out. I simply want to say to my col- The motion was agreed to and the Mr. REID. Not only the staff has been leagues that we think Mr. Ferguson Presiding Officer (Mr. CORZINE) ap- a pleasure to work with, but you have has done a fine job as a member of the pointed Mr. REID, Mr. BYRD, Mr. HOL- been a pleasure to work with. Board of Governors of the Federal Re- The PRESIDING OFFICER. The LINGS, Mrs. MURRAY, Mr. DORGAN, Mrs. serve System. He has assumed a num- question is on the engrossment of the FEINSTEIN, Mr. HARKIN, Mr. DOMENICI, ber of areas of prime responsibility in amendments and third reading of the Mr. COCHRAN, Mr. MCCONNELL, Mr. the workings of the Board. We think of bill. BENNETT, Mr. BURNS, and Mr. CRAIG the Board primarily in terms of its The amendments were ordered to be conferees on the part of the Senate. monetary policy decisions, but of engrossed and the bill to be read the Mr. REID. Mr. President, I asked, course the Board has a whole range of third time. along with Senator DOMENICI, the Chair other responsibilities that affect the fi- The bill was read the third time. to appoint conferees, which the Chair nancial system of the country. There The PRESIDING OFFICER. The bill did. We would like to add to the con- are many day-to-day responsibilities. having been read the third time, the ferees Senators INOUYE and STEVENS. I Roger Ferguson has been an integral question is, Shall the bill pass? ask unanimous consent that Senators part of the Board’s activities. He is Mr. REID. Mr. President, I ask for INOUYE and STEVENS be added to the spoken of very highly by those who the yeas and nays. list of conferees on the energy and watch the Board and by the members The PRESIDING OFFICER. Is there a water appropriations bill. of the Board themselves, including the sufficient second? The PRESIDING OFFICER. Without Chairman. He has also assumed a spe- There is a sufficient second and the objection, it is so ordered. cial responsibility to work on the ques- clerk will call the roll. Mr. REID. It is the intention of the tion of diversity in the Federal Reserve The legislative clerk called the roll. majority leader now to move to the System in terms of its employment and Mr. NICKLES. I announce that the Graham nomination. The leader indi- membership practices. In fact, at his Senator from Nevada (Mr. ENSIGN) is cated there will be a number of votes hearing we asked him some questions necessarily absent. tonight. on that subject on the basis of a com- The PRESIDING OFFICER. Are there I suggest the absence of a quorum. munication we had received from mem- any other Senators in the Chamber de- The PRESIDING OFFICER. The bers of the minority caucuses in the siring to vote? clerk will call the roll. House of Representatives. He was quite The result was announced—yeas 97, The assistant legislative clerk pro- forthcoming in his responses and un- nays 2, as follows: ceeded to call the roll. derscored the effort they were making

VerDate 19-JUL-2001 05:32 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.052 pfrm04 PsN: S19PT1 S7906 CONGRESSIONAL RECORD — SENATE July 19, 2001 in this area at the Federal Reserve. In Massachusetts, to be Administrator of The assistant legislative clerk read response to these questions, he under- the Office of Information and Regu- as follows: took to once again carefully review and latory Affairs, Office of Management The Senator from Washington [Mrs. MUR- examine Board policy and to intensify and Budget. RAY] proposes an amendment numbered 1025. their efforts to ensure more diversity Mr. DASCHLE. Mr. President, for the (The text of the amendment is print- in the workings of the Federal Reserve information of Senators interested in ed in today’s RECORD under ‘‘Amend- System. the schedule this evening, it is our in- ments Submitted.’’) I urge his confirmation to my col- tention to complete the debate on the The PRESIDING OFFICER. Under leagues. I very much hope, when he two nominations. I know of no interest the previous order, the measure will be comes before us for a vote, we will have in debate on the Ferguson nomination, set aside. very strong support for his reappoint- but there is, of course, debate on the ment to the Federal Reserve System. Graham nomination. f Following completion of debate on We need to get these members into NOMINATION OF JOHN D. GRAHAM the nominees, it is my expectation and place at the Federal Reserve Board be- OF MASSACHUSETTS TO BE AD- determination to move to the legisla- cause there are a couple of vacancies MINISTRATOR OF THE OFFICE tive branch appropriations bill, and there. OF INFORMATION AND REGU- One of the Board of Governors also that would be the final piece of busi- LATORY AFFAIRS, OFFICE OF announced his intention to retire. The ness to be completed tonight. MANAGEMENT AND BUDGET—Re- President has announced his intention Tomorrow, it is my hope—and this sumed to nominate a couple of members. matter has yet to be completely re- Those nominations have not yet been solved—that we move to three judicial The PRESIDING OFFICER. The Sen- sent to us, thus we have not yet re- nominations and then proceed to the ator from Tennessee. ceived them. Transportation appropriations bill. We Mr. THOMPSON. Mr. President, I In an effort to keep the Board of Gov- will have more to say about that later rise in support of the nomination of Dr. ernors of the Federal Reserve in suffi- in the evening. John Graham for the position of Ad- cient number, I urge my colleagues to For now, I hope we could begin the ministrator of OMB’s Office of Infor- approve the Ferguson nomination when debate on the Graham nomination. mation and Regulatory Affairs. it comes before us later tonight. f On May 23, the Governmental Affairs Committee reported the nomination of I yield the floor. UNANIMOUS CONSENT Mr. SARBANES. Mr. President, I Dr. Graham with a vote of 9–3 or 11–4, AGREEMENT—H.R. 2299 suggest the absence of a quorum. if you count proxies. The bipartisan The PRESIDING OFFICER. The Mr. DASCHLE. Mr. President, I ask vote included Republican members of clerk will call the roll. unanimous consent that the Appropria- the committee, as well as Senators The assistant legislative clerk pro- tions Committee be discharged from LEVIN, CARPER, and CARNAHAN. I urge ceeded to call the roll. consideration of H.R. 2299 and that the my colleagues on both sides of the aisle Mr. DASCHLE. Mr. President, I ask Senate then proceed to its consider- to join us in support of the confirma- unanimous consent that the order for ation; that once the bill is reported, tion of Dr. Graham. the quorum call be rescinded. Senator MURRAY be recognized to offer The Office of Information and Regu- The PRESIDING OFFICER. Without the text of S. 1178 as a substitute latory Affairs, or OIRA, as we will refer objection, it is so ordered. amendment; that no further amend- to it, was established in 1980 by the Pa- f ments be in order during today’s ses- perwork Reduction Act, legislation de- sion; that once the action has been EXECUTIVE SESSION veloped to address policy issues that completed, the bill be laid aside until Congress was concerned were being ne- Friday, July 20; the Senate resume glected by the executive branch. OIRA NOMINATION OF JOHN D. GRAHAM consideration of the bill upon return- is primarily charged with being a lead- OF MASSACHUSETTS TO BE AD- ing to legislative session, following any er on regulatory review, reducing un- MINISTRATOR OF THE OFFICE rollcall votes with respect to the Exec- necessary paperwork and red tape, im- OF INFORMATION AND REGU- utive Calendar. proving the management of the execu- LATORY AFFAIRS, OFFICE OF The PRESIDING OFFICER. Without tive branch, reviewing information pol- MANAGEMENT AND BUDGET objection, it is so ordered. icy, and guiding statistical policy pro- Mr. DASCHLE. I thank my col- posals. Mr. DASCHLE. Mr. President, we are leagues. For the information of our col- The decisions and actions of the still attempting to come to some reso- leagues, Senator MURRAY will now be OIRA administrator are very impor- lution about the sequencing of other recognized simply to lay down the tant to the public and should be made legislative priorities for the balance of Transportation bill, and we will pro- by a particularly capable and dedicated the week. Until that time, under a ceed then immediately to the Graham individual. John Graham fits this pro- prior agreement, the Senate had the nomination. understanding that we would move to The PRESIDING OFFICER. The Sen- file. the consideration of the John Graham ator from Washington. John Graham has been a professor of nomination, Calendar No. 104. policy and decision sciences at the Har- f Pursuant to that agreement, I ask vard School of Public Health since 1985. unanimous consent that the Senate DEPARTMENT OF TRANSPOR- He is the founder and director of the now move to executive session to con- TATION AND RELATED AGEN- Harvard Center for Risk Analysis. He sider Calendar No. 104, the nomination CIES APPROPRIATIONS ACT, 2002 has worked with various Federal agen- of John Graham to be the Adminis- The PRESIDING OFFICER. Under cies through his research, advisory trator of the Office of Information and the previous order, the clerk will re- committees, and as a consultant. He Regulatory Affairs of the Office of port the bill by title. holds a bachelor’s degree in public af- Management and Budget, and that im- The assistant legislative clerk read fairs from Duke University and a Ph.D. mediately following the consideration as follows: in urban and public affairs from Car- of Calendar No. 104, pursuant to the A bill (H.R. 2299) making appropriations negie Mellon University with an em- agreement, we consider Calendar No. for the Department of Transportation and phasis on decision sciences. 223, the nomination of Roger Walton related agencies for the fiscal year ending In addition, the EPA funded his Ferguson to be a member of the Board September 30, 2002, and for other purposes. postdoctoral fellowship in environ- of Governors of the Federal Reserve for Mrs. MURRAY. Mr. President, I send mental science and public policy, and a term of 14 years. an amendment to the desk in the na- he completed course work in research The PRESIDING OFFICER. Without ture of a substitute. training and human health risk assess- objection, it is so ordered. AMENDMENT NO. 1025 ment. The assistant legislative clerk read The PRESIDING OFFICER. The In 1995, Dr. Graham was elected the nomination of John D. Graham of clerk will report the amendment. president of the International Society

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.030 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7907 for Risk Analysis, a membership orga- ronmental regulations. In fact, Dr. dent’s policy. I believe Dr. Graham will nization of 2,000-plus scientists, engi- Graham and his colleagues have pro- make the transition from academia to neers, and scholars dedicated to ad- duced scholarships that supported a Government service smoothly, and vancing the tools of risk analysis. wide range of environmental policies, that he will use his valuable experience We have received testimonials attest- including toxic pollution control at to bring more insight to the issues that ing to the credentials and integrity of coke plants, phaseout of chemicals confront OIRA every day. Dr. Graham from hundreds of esteemed that deplete the ozone layer, and low- A fair review of the deliberations of authorities in the environmental pol- sulfur diesel fuel requirements. Dr. the Governmental Affairs Committee, icy, health policy, and related fields. Graham also urged new environmental and the entire record, lead me and William Reilly, the former Adminis- policies to address indoor pollution, many of my colleagues to conclude trator of EPA, said that ‘‘over the outdoor particulate pollution, and tax that Dr. John Graham has the quali- years, John Graham has impressed me credits for fuel-efficient vehicles. fications and the character to serve the with his vigor, his fair-mindedness, and Dr. Graham believes that environ- public with distinction. integrity.’’ mental policy should be grounded in A respected professor at the Univer- Dr. Lewis Sullivan, former Secretary science, however, and examined for sity of Chicago put it this way. He of the Department of Health and cost-effectiveness. Dr. Graham and his says: Human Services said that ‘‘Dr. Graham colleagues have also developed new John Graham cannot be pigeonholed as is superbly qualified to be the IORA ad- tools for chemical risk assessment that conservative or liberal on regulatory issues. ministrator.’’ will better protect the public against He is unpredictable in the best sense. I would Former OIRA Administrators from noncancer health effects, such as dam- not be surprised at all if in some settings he both Democratic and Republican ad- age to the human reproductive and im- turned out to be a vigorous voice for aggres- ministrations have conveyed their con- mune systems. sive governmental regulation. In fact, that is fidence that John Graham is not an op- exactly what I would expect. When he ques- Dr. Graham’s basic regulatory philos- tions regulations, it is because he thinks we ponent of all regulation but, rather, he ophy was adopted in the Safe Drinking can use our resources in better ways. It is be- is deeply committed to seeing that reg- Water Act amendments of 1996, a life- cause he thinks that we can use our re- ulation serves broad public purposes as saving law that both Democrats and sources in ways that do not necessarily meet effectively as possible. Republicans overwhelmingly sup- the eye. On this issue, he stands as one of the Dr. Robert Leiken, a respected expert ported, including most of us here most important researchers and most prom- on regulatory policy at the Brookings today. ising public servants in the Nation. Institution, stated that Dr. Graham is Critics have claimed that Professor I urge prompt confirmation of John the most qualified person ever nomi- Graham seeks to increase the role of Graham. nated for the job of OIRA Adminis- economic analysis in regulatory deci- I reserve the remainder of my time trator. sionmaking and freeze out intangible and yield the floor. About 100 scholars in environmental and humanistic concerns. This is inac- The PRESIDING OFFICER (Mrs. and health policy and related fields curate. In both of his scholarly CLINTON). The Senator from Illinois is joined together to endorse John Gra- writings, and in congressional testi- recognized. ham’s nomination stating: mony, Professor Graham rejected pure- Mr. DURBIN. Madam President, be- While we don’t always agree with John or, ly numerical monetary approaches to fore beginning my remarks, I would for that matter, with one another on every cost-benefit analyses. He has insisted like to have a clarification, if I can, as policy issue, we do respect his work and his that intangible contributions, includ- to the allocation of time in this debate. intellectual integrity. It is very regrettable ing fairness, privacy, freedom, equity, The PRESIDING OFFICER. There is that some interest groups that disagree with 1 hour under the control of Mr. John’s views on the merits of particular and ecological protection be given way LIEBERMAN, 3 hours under the control issues have chosen to impugn his integrity in both regulatory analysis and deci- by implying that his views are for sale rath- sionmaking. of Mr. THOMPSON, 2 hours under the er than confronting the merits of his argu- Dr. Graham and the Harvard Center control of Mr. DURBIN, 2 hours under ment. Dialog about public policy should be have shown that many regulatory poli- the control of Mr. WELLSTONE, and 15 conducted at a higher level. cies are, in fact, cost-effective, such as minutes under the control of Mr. Having dealt with this nomination AIDS prevention and treatments; vac- KERRY. for many months, I think that quote cination against measles, mumps, and Mr. DURBIN. I thank the Chair. really hits the nail on the head. Some rubella; regulations on the sale of ciga- Madam President, I rise to speak in op- groups oppose Dr. Graham because rettes to minors; enforcement of seat- position to the nomination of John they don’t agree with his support for belt laws; the mandate of lead-free gas- Graham for the position of Adminis- sound science and better regulatory oline; and the phaseout of ozone-deplet- trator for the Office of Information and analysis. But they have chosen to en- ing chemicals. Regulatory Affairs at OMB. gage in attacks against him instead of Critics also claimed that Professor This is a rare experience for me. I addressing the merits of his thinking. Graham’s views are extreme because he think it is the first time in my Senate It is especially unfortunate since this has indicated that public health re- career, in my congressional career, nominee has done so much to advance sources are not always allocated wisely where I have spoken out against a an important field of thought that can under existing laws and regulations. nominee and attempted to lead the ef- help us achieve greater environmental Yet this is not an extreme view. It re- fort to stop his confirmation. I do this health and safety protection at less flects the thrust of the writings on risk understanding that the deck is not cost. regulation by Justice Stephen Breyer, stacked in my favor. Many Members of While some groups oppose the con- for example—President Clinton’s the Senate will give the President his firmation of Dr. Graham, I believe choice for the Supreme Court—as well person, whoever it happens to be, and their concerns have been addressed and as consensus statements from diverse that is a point of view which I respect should not dissuade the Senate from groups such as the Carnegie Commis- but disagree with from time to time. I confirming Dr. Graham. For example, sion, the National Academy of Public also understand from the Govern- Joan Claybrook, the President of Pub- Administration, and the Harvard mental Affairs Committee experience lic Citizen, has charged that Dr. Gra- Group on Risk Management Reform. that the Republican side of the aisle— ham’s views are antiregulation. Yet Dr. Professor Graham made crystal clear the President’s side of the aisle—has Graham’s approach calls for smarter at his confirmation hearing that he been unanimous in the support of John regulation based on science, engineer- will enforce the laws of the land, as Graham, and that is understandable, ing, and economics, not necessarily Congress has written them. He under- both out of respect for the nominee and less regulation. He has shown that we stands that there is significant dif- the President himself. can achieve greater protections than ferences between the professor’s role of Having said that, though, the reason we are currently achieving. questioning all ways of thinking and I come to the floor this evening and the Opponents have charged that Dr. the OIRA Administrator’s role of im- reason I asked for time in debate is be- Graham is firmly opposed to most envi- plementing the laws and the Presi- cause I believe this is one of the most

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.038 pfrm04 PsN: S19PT1 S7908 CONGRESSIONAL RECORD — SENATE July 19, 2001 dangerous nominations that we are made, views he holds that I think are Madam President, I ask unanimous going to consider—dangerous in this central to the question as to whether consent that this list of clients be respect: Although the office which Mr. or not we should entrust this impor- printed in the RECORD. John Graham seeks is obscure by tant and powerful position to him. There being no objection, the mate- Washington standards, it is an ex- Some in the Governmental Affairs rial was ordered to be printed in the tremely important office. Few people Committee said this was a personal at- RECORD, as follows: are aware of the Office of Information tack on John Graham. Personal in this UNRESTRICTED GRANTS TO THE HARVARD and Regulatory Affairs and just how respect: I am taking his record as an CENTER FOR RISK ASSESSMENT powerful the office of regulatory czar individual, a professional, and bringing 3M. can be. But this office, this senior it to the Senate for its consideration. Aetna Life & Casualty Company. White House staff position, exercises But I am not impugning his personal Air Products and Chemicals, Inc. enormous authority over every major integrity or his honesty. I have no rea- Alcoa Foundation. Federal regulation the Government has son to do so. American Automobile Manufacturers Asso- under consideration. Because of this, I assumed from the beginning that he ciation. has done nothing in his background American Chemistry Council. the OIRA Administrator must have a American Crop Protection Association. commitment to evenhandedness, objec- that will raise questions along those American Petroleum Institute. tivity, and fair play in analyzing and lines. I will really stick this evening to Amoco Corporation. presenting information about regu- things he has said in a professional ca- ARCO Chemical Company. latory options. pacity, and in sticking to those things, ASARCO Inc. Do you often sit and wonder, when I think you will see why many have Ashland Inc. Foundation. you hear pronouncements from the joined me in raising serious questions Association of American Railroads. Bush White House, for example, on ar- about his qualifications. Astra AB. senic in drinking water and increasing On the surface, John Graham strikes Astra-Merck. Atlantic Richfield Corporation. the acceptable level of arsenic in some of my colleagues in the Senate as BASF. drinking water, who in the world came possessing the qualities of objectivity Bethlehem Steel Corporation. up with that idea? There might be and evenhandedness we would expect in Boatmen’s Trust. some business interests, some indus- this position. He is seen by many as Boise Cascade Corporation. trial and corporate interests, who have eminently qualified for the position. BP America Inc. a specific view on the issue and have After all, he is a leading expert in the Cabot Corporation Foundation pushed it successfully in the adminis- area of risk analysis and has compiled Carolina Power and Light. tration. But somebody sitting in the a lengthy list of professional accom- Cement Kiln Recycling Coalition. Center for Energy and Economic Develop- Bush White House along the way said: plishments. ment. That sounds like a perfectly sound I have heard from colleagues on both Chevron Research & Technology Company. idea. And so they went forward with sides of the aisle, whom I respect, that Chlorine Chemistry Council. that suggestion. they consider him the right man for CIBA-GEIGY Corporation. Of course, the public reaction to that the job. So I think it is important for Ciba Geigy Limited. was so negative that they have had me this evening to spell out in specific CITGO Petroleum Company. time to reconsider the decision, but at detail why I believe that is not the The Coca-Cola Company. some time and place in this Bush White case, why John Graham is the wrong Cytec Industries. person to serve as the Nation’s regu- Dow Chemical Company. House, someone in a position of author- DowElanco. ity said: Go forward with the idea of al- latory czar. DuPont Agricultural Products. lowing more arsenic in drinking water Professor Graham’s supporters paint- Eastman Chemical Company. in the United States. ed a picture of him as evenhanded and Eastman Kodak Company. I do not understand how anyone can objective. They say he supports envi- Edison Electric Institute. reach that conclusion at all, certainly ronmental regulations as long as they E.I. DuPont de Nemours & Company. not without lengthy study and sci- are well drafted and based on solid in- Electric Power Research Institute. entific information to back it up, but it formation. My colleague, the Senator Emerson Electric. happened. My fear is, John Graham, as from Tennessee, said as much in his Exxon Corporation. FBC Chemical Corporation. the gatekeeper for rules and regula- opening statement. FMC Corporation. tions concerning the environment and A casual glance at Dr. Graham’s Ford Motor Company. public health, will be in a position to record may lead one to conclude this is Fort James Foundation. give a thumbs up or a thumbs down to an accurate portrayal. As they say, the Frito-Lay. suggestions just like that from this devil is in the details. A careful read- General Electric Fund. day forward if he is confirmed. ing of the record makes several things General Motors Corporation. I think it is reasonable for us to step absolutely clear: Dr. Graham opposes The Geon Company. back and say: If he has that much virtually all environmental regula- Georgia-Pacific Corporation. power, and we already have seen evi- tions. He believes that many environ- Glaxo-Wellcome, Inc. The Goodyear Tire & Rubber Company. dence in this administration of some mental regulations do more harm than Grocery Manufacturers of America. rather bizarre ideas when it comes to good. He also believes that many toxic Hoechst Celanese Corporation. public health and the environment, we chemicals—toxic chemicals—may be Hoechst Marion Roussel. have a right to know what John good for you. I know you are won- Hoffman-LaRoche Inc. Graham believes, what is John Gra- dering, if you are following this debate, ICI Americas Inc. ham’s qualification for this job, what is how anyone can say that. Well, stay Inland Steel Industries. his record in this area? That is why I tuned. International Paper. stand here this evening. John Graham favors endless study of The James Riber Corporation Foundation. Janssen Pharmaceutical. I want to share with my colleagues in environmental issues over taking ac- Johnson & Johnson. the Senate and those who follow the tions and making decisions—a classic Kraft Foods. debate the professional career of Mr. case of paralysis by analysis. Dr. Gra- Louisiana Chemical Association. John Graham which I think gives clear ham’s so-called objective research is Lyondell Chemical Company. evidence as to why he should not be actually heavily influenced by policy Mead Corporation Foundation. confirmed for this position. consideration, and he has had a built-in Merck & Company. Let me preface my remarks. Nothing bias that favors the interest of his in- Microban. I will say this evening, nothing I have dustrial sponsors. Millenium Chemical Company. said, will question the personal integ- He has been connected with Harvard Mobil Foundation, Inc. Monsanto Company. rity of John Graham. I have no reason University, and that is where his anal- National Food Processors Association. to do that, nor will I. What I will raise ysis has been performed, at his center. National Steel. this evening relates directly to his pro- He has had a list of professional clients New England Power Service—New. fessional experience, statements he has over the years. England Electric System.

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.041 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7909 Nippon Yakin Kogyo. Dr. Graham’s supporters have taken It makes little sense, according to North American Insulation Manufacturers issue with my categorizing his views as Graham, to focus on environmental Association. antiregulatory. They say, and it has problems. Instead, we should use our Novartis Corporation. Novartis International. been said on the floor this evening, scarce public policy dollars for other Olin Corporation Charitable Trust. John Graham supports environmental more important issues. Oxford Oil. regulations: just look at the state- Why does John Graham hold such Oxygenated Fuels Association. ments he has made about removing strong views opposing environmental PepsiCo Inc. lead from gasoline. That was said this regulations? Because he believes toxic The Pittston Company. chemicals just are not that toxic. Dr. Pfizer. evening: John Graham supports remov- Pharmacia Upjohn. ing lead from gasoline. Graham has said the so-called ‘‘toxic Potlatch Corporation. I certainly hope so. And my col- chemicals’’ may actually be good for Praxair, Inc. leagues know, it is true, John Graham us. I will read some of the transcript Procter & Gamble Company. has stated clearly and unequivocally from his hearing on the whole question Reynolds Metals Company Foundation. that he thought removing lead from of dioxin. Rhone-Poulenc, Inc. Now, Dr. Graham supports these be- Rohm and Haas Company. gasoline was a good idea. Do my col- Schering-Plough Corporation. leagues know when that decision was liefs based on what he calls ‘‘a new par- Shell Oil Company Foundation. made? Decades before John Graham adigm,’’ the idea that there may well Texaco Foundation. was in any position to have impact on be an optimum dose for toxic chemi- Union Carbide Foundation. the decision. It is a decision in which cals or for other environmental hazards Unocal. he had no involvement in any way such as radiation. The idea behind this USX Corporation. Volvo. whatsoever. optimum dose theory is there is an ex- Westinghouse Electric Corporation. What has he done for the environ- posure that is good for people in small Westvaco. ment lately? What does he think of the amounts even if the chemical or radi- WMX Technologies, Inc. recent crop of environmental regula- ation is harmful in larger quantities. Zeneca. tions? On this matter, his opinions are In a conference on this new paradigm (Source: Harvard Center for Risk Assess- very clear. According to John Graham, at which Graham was a featured speak- ment). environmental regulations waste bil- er, he urged his colleagues: Mr. DURBIN. I thank the Chair. I lions, if not trillions, of taxpayers’ dol- Advocates of the new paradigm need to will not go through all of the compa- lars. According to John Graham, our move beyond empiricism to explanation if nies on this list. It reads like, as they choice of environmental priorities ac- we can explain why low doses are protective, say, a veritable list of who’s who of in- tually kills people through a process the prospects of a genuine scientific revolu- dustrial sponsors in America: Dow Mr. Graham calls ‘‘statistical murder,’’ tion are much greater. Chemical Company, all sorts of insti- something that pops up in his work all A scientific revolution inspired by tutes, the Electric Power Research In- the time. John Graham. stitute, oil companies, motor compa- According to John Graham, we Well, the obvious question I had of nies, automobile manufacturers, chem- should massively ship resources away Mr. Graham when he came to the Gov- ical associations—the list goes on and from environmental problems such as ernmental Affairs Committee was as on. toxic chemicals to more important ac- follows: These corporate clients came to Pro- tivities that he has identified, such as Mr. DURBIN: Dr. Graham, when I look at fessor Graham not to find ways to in- painting white lines on highways and your resume, I’m curious; do you have any crease regulation on their businesses encouraging people to stop smoking. degrees or advanced training in the field of but just for the opposite, so that he can This is a recent quote from Dr. chemistry, for example? provide through his center a scientific Mr. GRAHAM: No, sir. Graham: Mr. DURBIN: Biology? basis for resisting Government regula- The most cost-effective way to save lives Mr. GRAHAM: No, sir. tion in the areas of public health and generally is to increase medical treatment, Mr. DURBIN: Toxicology? the environment. and somewhat second, to curb fatal injuries. Mr. GRAHAM: No. I am an attorney by profession, and I Trying to save lives by regulating pesticides Mr. DURBIN: What would you consider to be understand that when there is balance or other toxins generally used up a lot of re- your expertise? in advocacy you have an objective pres- sources. Mr. GRAHAM: I have a Ph.D. in public af- entation: Strong arguments on one side I can recall during the time we were fairs from Carnegie Mellon, with an empha- debating the potential of a nuclear hol- sis in the field of management science called and strong arguments against, and ‘‘decision science.’’ At the School of Public then you try to reach the right conclu- ocaust, there was a man named Rich- Health, I teach analytical tools and decision sion. So I am not going to gainsay the ard Perle in the Reagan administration science like risk assessment, cost-effective work of Dr. Graham in representing his who said he didn’t think we should be analysis, and cost-benefit analysis. corporate clients over the years, but it that frightened because if we did face a Mr. DURBIN: No background in medical is important for us to put this in per- nuclear attack, in his words, ‘‘with training? spective. enough shovels,’’ we could protect our- Mr. GRAHAM: No. I do have a postdoctoral If Dr. Graham is appointed to this po- selves. fellowship funded by the Environmental Pro- tection Agency where I studied human sition, his clients will not be the cor- When I read these words of Dr. health risk assessment and had research ex- porations of America, his clients will Graham who says, ‘‘The most cost-ef- perience in doing human health risk assess- be the 281 million Americans who fective way to save lives generally is to ment on chemical exposures. count on him to make decisions in increase medical treatment, and some- Mr. DURBIN: Does your lack of background their best interest when it comes to en- what second, to curb fatal injuries,’’ in any of these fields that I have mentioned vironmental protection and protection and then he says that ‘‘regulating pes- give you any hesitation to make statements of the health of their families. ticides and toxins uses up a lot of re- relative to the danger of chemicals to the When we look at his professional sources’’ can you see why I believe he human body? Mr. GRAHAM: I think I have tried to par- background, it raises a question about has been dismissive of the basic science ticipate in collaborative arrangements where his objectivity. He has had little re- which he is going to be asked to imple- I have the benefit of people who have exper- spect for the environmental concerns ment and enforce in this office? tise in some of the fields that you have men- of most Americans—concerns about This quote is a little bit understated. tioned. toxic chemicals in drinking water, pes- In other documents, Mr. Graham refers Mr. DURBIN: Going back to the old tele- ticides in our food, or even the burial to spending money on control of toxins vision commercial, ‘‘I may not be a doctor of radioactive waste. To John Graham, as ‘‘an outrageous allocation of re- but I play one on TV,’’ you wouldn’t want to these are not major concerns. In fact, sources.’’ This captures the very heart assume the role of a doctor and public health expert when it comes to deciding the safety as you will hear from some of his state- of Graham’s philosophy. Environ- or danger over the exposure to certain ments that I will quote, he believes mental regulations to control toxic chemicals, would you? they reflect a paranoia in American chemicals are an enormous waste of re- Mr. GRAHAM: Well, I think our center and culture. sources, in the mind of John Graham. I personally have done significant research

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.022 pfrm04 PsN: S19PT1 S7910 CONGRESSIONAL RECORD — SENATE July 19, 2001 in the area of risk assessment of chemicals the statistical murder of tens of thou- with Dr. Graham’s discounting the and oftentimes my role is to provide analyt- sands of American citizens every year, value of a human life to 10 percent of ical support to a team and then other people according to Mr. GRAHAM. the amount we have used to calculate on the team provide expertise, whether it be Take his well-known example, and he many environmental regulations? That toxicology, medicine, or whatever. has used it in writings of chloroform is a starting point. If you are rep- The reason I raise this is there is no regulation. Mr. GRAHAM estimates that resenting industrial clients who do not requirement that a person who takes chloroform regulation costs more than want to be regulated, who suggest envi- this job be a scientist, a medical doc- $1 trillion to save a single life, $1 tril- ronmental regulations and public tor, a chemist, a person with a degree lion. And he uses this in an illustration health regulations are, frankly, out- in biology or toxicology. That is not a of how you can come up with a regula- landish, you start by saying lives to be requirement of the job. And very few, if tion that is so expensive you could saved are not worth that much. any, of his predecessors held that kind never justify it—$1 trillion to save one Discounting may make sense when it of expertise. life. What he doesn’t say—and the EPA comes to money, but it trivializes the But when you consider carefully looked at his analysis—that cost of $1 value of human lives and the lives of what Mr. Graham has said publicly in trillion is over a period of time of 33,000 our next generation and creates an the field of science, you might con- years. Just a little footnote that I automatic bias against environmental clude that he has much training and a think should have been highlighted. regulations meant to provide protec- great degree in the field. How can patently absurd numbers such tions over a long period of time. That is not the case. He has held as this make a contribution to cost- I will be the first to admit there are himself out time and again, and I will benefit consideration? inefficiencies in our current environ- not go through the specifics here, and There is a bigger problem. The chlo- mental regulations, but Professor Gra- made dogmatic statements about roform regulation he refers to doesn’t ham’s research hasn’t found them. In- science that cannot be supported. And exist and never did. I asked the Con- stead, he consistently identified phan- he wants to be the gatekeeper on the gressional Research Service to find out tom costs of nonexistent regulations rules and regulations of public health about this regulation on chloroform and for years referred to them as if and the environment in America. that Dr. Graham used as an example of they were the real cost of real environ- Mr. Graham is, as I said earlier, try- statistical murder, where we will spend mental regulations. He has played a ing to create a scientific revolution but $1 trillion as a society to save one life. game with the facts for his purposes, he acknowledges it is an uphill battle. Find out where that took place. for his clients. But when it comes to Guess what. It doesn’t exist. This is a Why do so few mainstream scientists the OMB, in this capacity it will be the hypothetical case study for an aca- buy into his theories? Because, says real world where decisions you make demic exercise. It is not a regulation. Graham, science itself has a built-in will literally affect the health and fu- It was never proposed as a regulation bias against recognizing the beneficial ture of Americans and their families. effects of low-dose exposures to other- nor was it ever considered seriously by He has introduced misleading infor- anyone. Someone invented this sce- wise dangerous chemicals such as mation that has really distorted many nario and John Graham seized on it as dioxin. of the elements of an important policy his poster child of how you can go to Scientific journals don’t like to pub- debate. There are organizations that ridiculous extremes to protect people lish new paradigm results. In his writ- absolutely love research results that ten works, Dr. Graham goes so far to from environmental exposure. Even when Dr. Graham studies the show billions of dollars being wasted by say the current classification scheme unnecessary environmental regula- used by the EPA and others to identify costs and benefits of actual environ- mental regulations, ones that are truly tions—groups such as the Cato Insti- cancer-causing chemicals should be tute, the Heritage Foundation, the abolished and replaced with a scheme being considered, his controversial ″ American Enterprise Institute, all of that recognizes that all chemicals may practice of ‘‘discounting automati- cally trivializes the benefits of envi- whom have made ample use of Pro- not only not cause cancer but may ac- fessor Graham’s scientific studies, sci- tually prevent cancer, as well. ronmental regulation. We have been through this debate in entific revolution—statistical murder; Perhaps he opposes environmental the Governmental Affairs Committee. results to strengthen their antiregula- regulation because he is so convinced There are people on the committee, tory arguments. that regulations generally do more Democrats and Republicans, who say— To sum up Dr. Graham’s belief, toxic harm than good. Some of this harkens and I think this is a perfectly reason- chemicals can be good for you, environ- back, of course, to his new paradigm, able statement—before you put in a mental regulations can be very bad for his scientific revolution. If we restrict rule or regulation, find out what it is you. toxic chemicals that are actually pre- going to cost: What is the cost to soci- Not everyone accepts these beliefs, of venting, rather than causing, cancer, ety? What is the benefit? I think that course. What does Dr. Graham think of we wind up hurting, rather than help- is only reasonable. There are certain those with a different set of priorities? ing, the population at large, according things we can do to save lives, but at In his mind, it is a sign of collective to Dr. Graham. Think about that. He is such great expense, society could never paranoia, a sign of pervasive weakness arguing that some of the things we are bear that burden. The problem you and self-delusion that pervades our cul- trying to protect people from we have is in drawing up the statistics, in ture. should actually encourage people to ex- trying to quantify it, in saying what a If you think I have overstated it, I pose themselves to. life is worth and over what period of think his own words express his senti- If he had scientific backing for this, time. ments more accurately. I would like to it is one thing. He doesn’t have the per- Dr. Graham gets into this business refer to this poster, quotes from Dr. sonal expertise in the area and very and starts discounting human lives in Graham. few, if any, come to rally by his side exactly the same way economists and Interview on CNN, 1993: when he comes up with the bizarre business advisers discount money. A We do hold as a society, I think, a noble views. life saved or a dollar earned today, ac- myth that life is priceless, but we should not He argues environmental regulations cording to Dr. Graham, is much more confuse that with reality. hurt us in other ways. They siphon off valuable than a life saved or a dollar Dr. Graham said that. Then: resources from what he considers the earned in the future. Dr. Graham’s so- Making sense of risk: An agenda for Con- real problem of society, and they intro- called scientific results led him to con- gress in 1996. duce new risks of their own, so accord- clude that when the Environmental John Graham said: ing to Dr. Graham the cure is worse Protection Agency says a human life is The public’s general reaction to health, than the disease. The side effects of en- worth $4.8 million, by their calcula- safety and environmental dangers may best vironmental regulation are so problem- tions, they are 10 times too high. That be described as a syndrome of paranoia and atic and many that he refers to them is Dr. Graham’s analysis. neglect. as ‘‘statistical murder.’’ Our environ- How many of us in this Senate Cham- ‘‘Medical Waste News,’’ that he has mental priorities are responsible for ber today can honestly say they agree written for, in 1994:

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.046 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7911 . . . as we’ve grown wealthier, we’ve grown ‘‘Risk versus Risk.’’ This is a copy of take DDT off the market. He cites in paranoid. his cover. It was edited by John this book that I quoted how DDT was Testimony to the House Science Graham and Jonathan B. Weiner. particularly effective in dealing with Committee in 1995: I might also add the foreword was malaria. No doubt it was. But it was We should not expect that the public and written by Cass Sunstein, who is a pro- decided that the environmental impact our elected officials have a profound under- fessor at the University of Chicago of this chemical was so bad that coun- standing of which threats are real and which School of Law and has one of the let- tries around the world banned it. are speculative. ters of support which has already been Let me offer some direct quotes from So the very institution to which we quoted on the floor. He was a colleague Dr. Graham from various reports he are being asked to confirm this man’s of Mr. Graham, at least in writing the has written over the years and from nomination has been really dismissed foreword to this book. This goes into the many statements that he has by John Graham as not having sound the whole question of pesticides and made. understanding of threats that are real. danger. The thing I find curious is this. Before I do that, I see my colleague, Then he goes on to say, in Issues in On page 174 of this book, Mr. Graham, Senator WELLSTONE, is in the Chamber. Science and Technology, in 1997: who is asked to be in charge of the At this time, I would like to yield to It may be necessary to address the dys- rules and regulations relative to pes- him with the understanding that I can functional aspects of U.S. culture. . . . The ticides, started raising questions about return and complete my remarks. I lack of a common liberal arts education . . . whether we made the right decision in breeds ignorance of civic responsibility. thank him for joining me this evening. banning DDT—banning DDT. He says: I will step down for a moment and re- So John Graham can not only por- Many of the organophosphate pesticides turn. tray himself as a doctor, a toxicologist, that have been used in place of DDT have a biologist, and a chemist, he can also caused incidents of serious poisoning among I yield to Senator WELLSTONE. be a sociologist and general philoso- unsuspecting workers and farmers who had Mr. WELLSTONE. Mr. President, I pher. The man has ample talents, but I been accustomed to handling the relatively thank Senator DURBIN. I am very proud am not sure those talents will work for nontoxic DDT. to join him. I have a lot of time re- America when it comes to this impor- That is a quote—‘‘relatively nontoxic served tonight. I say to colleagues who tant job. DDT.’’ are here in the Chamber and who are I would like to take a look at two I read an article the other day in the wondering what our timeframe is that issues in detail to give a clearer pic- New Yorker which was about DDT and I can shorten my remarks. ture of Dr. Graham’s approach to envi- its discovery. Let me read a part of I am speaking in opposition to the ronmental issues of great concern to this article—I want to make sure of the nomination of Mr. John Graham to be the American people. I want to exam- sources quoted: Malcolm Gladwell, Administrator of the Office of Informa- ‘‘The Mosquito Killer,’’ New Yorker, ine his record on pesticides and on tion and Regulatory Affairs, within the July 2, 2001. If I am not mistaken, that dioxin. It is not unreasonable to be- Office of Management and Budget. is the same gentleman who wrote the lieve if his nomination is confirmed I believe the President should have book ‘‘The Tipping Point,’’ which I that John Graham will consider rules broad latitude in choosing his cabinet. found very good and recommend. and regulations relating to these two I have voted for many nominees in the In his article about DDT, he says as past with whom I have disagreed on specific items, pesticides and dioxin. follows: The Food Quality Protection Act of policy grounds. I have voted for a num- Today, of course, DDT is a symbol of all ber during this Administration, and 1996 passed Congress unanimously—and that is dangerous about man’s attempts to not just any session of Congress, the interfere with nature. Rachel Carson, in her I’m sure I will vote for more nominees 104th Congress, one of the most conten- landmark 1962 book ‘‘Silent Spring,’’ where with whom I disagree on policy, some- tious in modern history, a Congress she wrote memorably of the chemical’s envi- times very sharply. that could hardly agree on anything. ronmental consequences, how much its un- Mr. Graham has been nominated to a Yet we agreed unanimously to pass usual persistence and toxicity had laid waste sensitive position: Administrator of this important new food safety law. A to wildlife in aquatic ecosystems. Only two the Office of Information and Regu- countries, India and China, continue to man- latory Affairs (OIRA). In this role Mr. key purpose of the law was to provide ufacture the substance, and only a few dozen the public with better protection more still use it. Graham would be in a position to delay, block or alter rules proposed by against pesticides. In particular, the In May, at the Stockholm Conven- law aimed to provide increased protec- tion on Persistent Organic Pollutants, key federal agencies. Which agencies? tions to our most vulnerable segment more than 90 countries signed a treaty Let me give you some examples. One of the population, our children. Presi- placing DDT on a restricted use list would be OSHA. This happens to be an dent Clinton remarked that the Food and asking all those still using the agency with a mandate that is near Quality Protection Act would replace a chemical to develop plans for phasing and dear to my heart. Over the years, I patchwork of standards with one sim- it out entirely. On the eve of its burial, have had the opportunity to do a lot of ple standard: If a pesticide poses a dan- however, and at a time when the threat community organizing, and I have ger to our children, then it won’t be in of insect-borne disease seems to be re- worked with a lot of people who unfor- our food. surging, it is worth remembering that tunately have been viewed as expend- This groundbreaking legislation re- people once felt very differently about able. They do not have a lot of clout— ceived the unanimous support of Con- DDT, and between the end of the Sec- political, economic, or any other kind. gress. What does John Graham, Dr. ond World War and the beginning of They work under some pretty uncivi- John Graham, think about the impor- the 1960s, it was considered not a dan- lized working conditions. tance of protecting our children from gerous pollutant but a lifesaver. The whole idea behind OSHA was pesticide residues on food? Let me tell Mr. Gladwell, in this article, in sum- that we were going to provide some you what he said in his work. marizing the history of DDT, really protection. Indeed, what we were going The Food Quality Protection Act suffers points to the fact that those who have to be saying to companies—in fact, we from the same failings that mark most of analyzed it around the world, with the did the same thing with environmental our other environmental laws and regula- exception of India and China—some 90 protection—is, yes, maximize your tions. Our attempts at regulating pesticides profits in our private sector system. and food are a terrible waste of society’s re- nations—abandoned it. John Graham, sources. We accept risks from other tech- who wants to be in charge of the rules Yes, organize production the way you nologies like the automobile, why should we and regulations on pesticides, the envi- choose to do. You are free to do it any not accept risks from pesticides? When we ronment, and public health, wrote: way you want to, and maximize your regulate, or worse, when we ban pesticides, It was relatively nontoxic. profit any way you want to—up to the we often wind up doing more harm than This is a man who wants to make a point that you are killing workers, up good. decision about pesticides and their im- to the point that it is loss of limbs, loss Let me tell you a case in point. I pact on the health of America. of lives, harsh genetic substances, and think it is an interesting one. It was a According to Dr. Graham, it may people dying early of cancer. Then you book which Mr. Graham wrote called have been an ill-advised decision to can’t do it. Thank God, from the point

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.049 pfrm04 PsN: S19PT1 S7912 CONGRESSIONAL RECORD — SENATE July 19, 2001 of view of ordinary people, the Govern- These and other important Federal Since its founding, hundreds of thou- ment steps in, I would like to say, on regulatory agencies exist to protect sands of American workers did not die our side. Americans and to uphold standards on the job, thanks to OSHA. Workplace We had a perfect example of that this that have been fought for and achieved fatalities have declined 50 percent be- year in the subcommittee that I chair over decades of struggle. tween December of 1970 and December on employment, safety, and training. I It is not true that people in Min- 2000, while occupational injury and ill- asked Secretary Chao to come. She nesota and people in the country are ness rates have dropped 40 percent. didn’t come. I wanted to ask her about opposed to Government regulations on Not surprisingly, declines in work- the rule on repetitive stress injury, the their behalf and on behalf of their chil- place fatalities and injuries have been most serious problem right now in the dren so that the water is not poisoned, most dramatic in precisely those indus- workplace. It was overturned. The Sec- so that the mines they work in are tries where OSHA has targeted its ac- retary said she would be serious about safe, so that the workplace they work tivities. For example, since OSHA promulgating a rule that would provide in is safe, so that there are civilized came into existence, the manufac- protection for the 1.8 million people, or working conditions, so that they don’t turing fatality rate has declined by 60 thereabouts, who are affected by this. I have too much arsenic in the water percent and the injury rate by 33 per- wanted to know what, in fact, this ad- their children drink, and so that the cent. At the same time, the construc- ministration is going to do. food their children eat is safe. Don’t tion fatality rate has declined by 80 So far it is really an obstacle. tell me people in Minnesota and in the percent and the injury rate by 52 per- As Administrator of OIRA, Mr. country aren’t interested in strong reg- cent. Graham can frustrate any attempt by ulation on behalf of their safety and It is not a coincidence that these two OSHA to address 1.8 million repetitive their children’s safety. industries have received some of The Administrator of OIRA must be stress injuries workers suffer each OSHA’s closest attention. OSHA’s role someone who stands with the American year, as reported by employers. in assuring so far as possible that every I will just say it on the floor of the public, someone who sees it as his or worker is protected from on-the-job Senate. I think it is absolutely out- her mission to protect the public inter- hazards cannot be denied. est. In my view, John Graham’s evi- rageous that rule was overturned. I see Unfortunately, however, compared to dent hostility to regulation that pro- no evidence whatsoever that this ad- the demand, there is still a whole lot of ministration is serious about promul- tects the public interest, in particular work to be done. Indoor air quality, gating any kind of rule that would pro- his over-reliance on tools of economic hexavalent chromium, beryllium, per- vide workers with real protection. analysis that denigrate the value of missible exposure limits for hundreds The Mine Safety and Health Admin- regulatory protections, is disquali- istration, MSHA. The Louisville Cou- fying. of chemicals in the workplace—this rier Journal conducted a comprehen- This is particularly troublesome list goes on and on—not to mention re- sive investigation of illnesses suffered when it comes to workplace safety, for petitive stress injuries. The unfinished by coal miners due to exposure to coal example, because his approach flies in agenda is huge. It is precisely this un- dust—workers who are supposed to be the face of statutory language requir- finished agenda that should give us protected by MSHA regulation. We ur- ing OSHA—again I am fortunate to pause in confirming, as head of OIRA, gently need vigorous action by MSHA. chair the subcommittee with jurisdic- someone whose entire professional his- As a matter of fact, I couldn’t believe tion over OSHA—to examine the eco- tory seems aimed at frustrating efforts it when I was down in east Kentucky in nomic feasibility of its regulations, as to regulate in the public interest. That Harlan and Letcher Counties. I met opposed to undertaking the cost/benefit is my disagreement. It is a different with coal miners. That is where my analyses upon which he over-relies. framework that he represents than the wife, Sheila, is from. Her family is As the Supreme Court noted in the framework that I think is so in the from there. I hate to admit to col- so-called Cotton Dust Case, embedded public interest. leagues or the Chair that I actually be- in the statutory framework for OSHA Let me just give one example: the lieved that black lung disease was a is Congress’ assumption ‘‘that the fi- chromium story. thing of the past. I knew all about it. I nancial costs of health and safety prob- Chromium is a metal that is used in was shocked to find out that in east lems in the workplace were as large as the production of metal alloys, such as Kentucky many of these miners work- or larger than the financial costs of stainless steel, chrome plating and pig- ing the mines can’t see 6 inches in eliminating these problems.’’ Instead ments. It is also used in various chem- front of them because of the dust prob- of cost/benefit analyses to guide stand- ical processes and it is a component of lem. ard setting, OSHA is statutorily bound cement used to manufacture refractory Senator DURBIN’s predecessor, Sen- to promulgate standards ‘‘which most bricks. ator Simon, worked on mine safety. It adequately assur[e], to the extent fea- The first case of cancer caused by was one of his big priorities. sible, on the basis of the best available chromium was reported in 1890. Since Part of the problem is the companies evidence, that no employee will suffer then, the evidence that it causes can- actually are the ones that monitor coal material impairment of health or func- cer continued to grow. Chromium has dust. MSHA has been trying to put tional capacity even if such employee been declared a carcinogen by the EPA, through a rule—we were almost suc- has regular exposure to the hazard the National Toxicology Program, and cessful in getting it through the last dealt with by such standard for the pe- the International Agency for Research Congress—to provide these miners with riod of his working life.’’ on Cancer. some protection. In its 30 years of existence the Occu- In the early 1980s, it was estimated From the point of view of the miners, pational Safety and Health Adminis- that 200,000 to 390,000 workers were ex- they don’t view themselves as expend- tration has made its presence felt in posed to hexavalent chromium in the able. the lives of tens of millions of Ameri- workplace—200,000 to 390,000. Lung can- The Food and Drug Administration cans at all levels of the workforce. cer rates among factory workers ex- regulates the safety of prescription OSHA and its related agencies are lit- posed to hexavalent chromium are al- drugs for children, for the elderly, for erally the last, best hope for millions most double the expected cancer rate all of us. The Environmental Protec- of American workers whose lives would for unexposed workers. Lung cancer tion Agency (EPA) regulates pollution otherwise be put on the line, simply be- rates for factory workers exposed to of the water and air. For example, EPA cause they need to earn a paycheck. hexavalent chromium are also double will determine what level of arsenic is Experience has shown, over and over, the expected cancer rate for unexposed acceptable in American drinking that the absence of strong government- workers. water. The Food Safety and Inspection mandated safeguards results in work- OSHA has known the risks associated Service (FSIS) is charged with the task place exposure to everything from with exposure to this dangerous car- of protecting us to the extent possible odorless carcinogens to musculo- cinogen since its inception but has from salmonella, foot and mouth dis- skeletal stress to combustible grain failed to act. OSHA’s assessment, con- ease, BSE and other food-borne ill- dust to other dangers too numerous to ducted by K.S. Crump Division of ICG nesses. mention. Kaiser, was that between 9 percent and

VerDate 19-JUL-2001 05:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.053 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7913 34 percent of workers exposed at half by cost-based decisionmaking, the wor- larger public as a whole. I believe in the legal limit for a working lifetime thiness of a rule is determined at least that. And I believe a majority of the would contract lung cancer as a result partly by the cost to industry of fixing people believe in that. It is the major- of this exposure. the problem. This is the opposite of an ity’s commitment to protect the inter- On April 24, 2000, OSHA published its approach that recognizes that workers ests of those who cannot protect them- semiannual agenda, which anticipated have a right to a safe workplace envi- selves that sets this great Nation apart a notice of proposed rulemaking would ronment. from others. That is the essence of our be published in June 2001. If confirmed The OSHA mission statement is ‘‘to democratic way of life. That is the core as Administrator of OIRA within the send every worker home whole and of this country’s incredible heritage. Office of Management and Budget, healthy every day.’’ But there are a series of things hap- however, John Graham’s actions could Under the law as it now stands, pening here in the Nation’s Capitol— affect OSHA’s stated willingness to un- OSHA is prohibited from using cost- stacked one on top of another—that dertake a proposed rule this year, as benefit analysis to establish new fundamentally undermine the capacity the agency has finally promised and as health standards. Instead, OSHA must of our Government to serve this pur- is urgently needed. set health standards for significant pose of being there for the public inter- I will finish by just giving a few ex- risks to workers at the maximum level est. I think we have a concerted effort amples of how Mr. Graham could nega- that the regulated industry, as a on the part of this administration—and tively impact the process. whole, can feasibly achieve and afford. I have to say it on the floor of the Sen- No. 1, reduce OSHA’s ability to col- This policy, set into law by the OSHA ate—and its allies to undermine the lect information in support of a new Act, recognizes the rights of workers to Government’s ability to serve the pub- standard. safe and healthful workplaces, and pro- lic interest. First, there was a stream of actual or To develop a new hexavalent chro- vides far more protection to workers proposed rollbacks of regulations de- mium standard, OSHA would likely than would be provided by any stand- signed to protect the health and well- need to survey scores of businesses for ards generated under a cost-benefit being of the people of this country—ar- information about their use of the analysis. chemical and about workplace expo- senic in drinking water, global warm- Putting John Graham in the regu- ing emissions, ergonomics—or repet- sures. During the committee hearing latory gatekeeper post would create a on his nomination, Graham said that itive stress injuries in the workplace, grave risk that OSHA protections, such drilling in the wilderness, energy effi- he supports requiring the federal agen- as the hexavalent chromium standard, cies to do cost-benefit analyses of in- ciency standards—it goes on and on. will not be set at the most protective Then there was the tax cut, making formation requests sent to industry in level that regulated industry can fea- it absolutely impossible for us to pro- preparation for a rulemaking. Under sibly achieve. We know from his own tect Social Security and Medicare, or the Paperwork Reduction Act, before statements that John Graham will re- to do near what we should do for chil- an information request can be sent to quire OSHA to produce economic anal- dren or for the elderly, for the poor or ten entities or more, it must be ap- yses that will use antiregulation as- for the vulnerable, for an adequate edu- proved by OMB. Because it is very dif- sumptions, and will show protective cation or for affordable prescription ficult to judge the value of the infor- regulations to fail the cost-benefit drugs—no way—in other words, to fund mation being collected prior to receiv- tests. Government, to do what Government is ing it, Graham could use the paper- It is true that OSHA is technically supposed to do, which is to protect the work clearance requirement to tangle authorized to issue standards that fail interests of those who cannot protect up the agency in justifying any infor- the cost-benefit test. However, it would themselves. mation requests needed to support a be politically nearly impossible for an And then, finally, the administration new rule on chromium. agency to issue a standard that has seeks to place in key gatekeeper posi- No. 2, insist upon a new risk assess- been shown, using dubious methodolo- tions individuals whose entire profes- ment, despite compelling evidence that gies, to have net costs for society. sional careers have been in opposition chromium poses a cancer risk. Unfortunately, although I would like to the missions of the agencies they OSHA has conducted its own risk as- nothing better than to be proven are now being nominated to advance. sessment of chromium and reviewed wrong, I fear this is not a farfetched I am troubled by this. I think people numerous studies documenting that scenario. And let there be no ques- in the country would be troubled by workers working with or around the tion—such steps would absolutely un- this if they really understood John chemical face considerable increased dermine Congress’ intent when it Graham’s background and the power of risk of lung cancer. But it is likely passed the Occupational Health and his position and, unfortunately, the ca- that Graham could exercise his power Safety Act 30 years ago. pacity not to do well for the public in- at OMB to require a new risk assess- Let me quote again from the Su- terest. This is unacceptable. This is a ment of hexavalent chromium, which preme Court’s Cotton Dust decision: concerted, comprehensive effort to un- could further delay the issuance of a Not only does the legislative history con- dermine our Government’s ability to rule. firm that Congress meant ‘‘feasible’’ rather protect and represent the interests of Graham has supported requiring than ‘‘cost-benefit’’ when it used the former those who don’t have all the power, every risk-related inquiry by the fed- term, but it also shows that Congress under- who don’t have all the capital. eral government to be vetted by a stood that the Act would create substantial The goal is clear: Roll back the regu- panel of peer review scientists prior to costs for employers, yet intended to impose lations that they can. That is what this its public release, which would be cost- such costs when necessary to create a safe administration is about: Defund gov- ly and create significant delays in the and healthful working environment. Con- ernment programs and place in pivotal development of new regulations. He has gress viewed the costs of health and safety as a cost of doing business. Senator positions those with the will and the argued that the risk assessments done Yarborough, a cosponsor of the [OSH Act], determination to block new regula- by the federal agencies are flawed, and stated: ‘‘We know the costs would be put into tions from going forward—new regula- that OMB or the White House should consumer goods but that is the price we tions that will protect people in the develop its own risk assessment over- should pay for the 80 million workers in workplace, new regulations that will sight process. This would allow econo- America.’’ protect our environment, new regula- mists to review and possibly invalidate There is one final point I want to tions that will protect our children the findings of scientists and public make. I will tell you what really trou- from arsenic in the drinking water, health experts in the agencies. bles me the most about this nomina- new regulations that will protect the No. 3, flunk any rule that fails a tion. And let me just kind of step back lakes and the rivers and the streams, stringent cost-benefit test. and look at the bigger picture, which new regulations that will make sure Graham is a supporter, for example, really gives me pause. the food is safe for our children. This is of strict cost-efficiency measures, even The essence of our Government— not acceptable. We should say no. That in matters of public health. Because he small ‘‘d’’ democracy—is to create a is why I urge my colleagues to join me views regulatory choices as best driven framework for the protection of the in defeating this nomination.

VerDate 19-JUL-2001 05:09 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.057 pfrm04 PsN: S19PT1 S7914 CONGRESSIONAL RECORD — SENATE July 19, 2001 I include as part of my statement a count could supercede congressional man- what is the dollar value of making public letter in opposition from former Sec- dates that do not permit their use, such as spaces accessible so a paraplegic participate retary of Labor Reich and other former some provisions of the Clean Air Act. [John fully in community values? How should we agency heads. D. Graham, ‘‘Legislative Approaches to quantify the worth of protecting private Achieving More Protection Against Risk at I ask unanimous consent that the medical information from commercial dis- Less Cost,’’ 1997 Univ. of Chi. Legal Forum closure? Why is the value of preventing a letter be printed in the RECORD. 13, 49.] It is important to assure that he can child from developing a future cancer worth There being no objection, the letter in good conscience carry out the will of Con- only a small fraction of the value of pre- was ordered to be printed in the gress even where he has strong personal dis- venting her from dying in an auto accident? RECORD, as follows: agreements with the law. How do you quantify the real value of a MAY 17, 2001. We are also concerned about Dr. Graham’s healthy ecosystem? Re John D. Graham nomination. independence from the regulated commu- nity. At the Harvard Center for Risk anal- That is what is at issue here. Did you Hon. FRED THOMPSON, ysis, Dr. Grahams’ major source of funding notice the other day the report about Chairman, Senate Governmental Affairs Com- has been from unrestricted contributions and how children are doing better but not mittee, endowments of more than 100 industry com- with asthma? Where is the protection Washington, DC. panies and trade groups, many of which have going to be for these children? In this Hon. JOSEPH I. LIEBERMAN, staunchly opposed the promulgation and en- cost-benefit analysis, the thing that is Ranking Democrat, Senate Governmental Af- forcement of health, safety and environ- never looked at is the cost to the work- fairs Committee, mental safeguards. At HCRA, Dr. Graham’s ers who suffer the physical pain in the Washington, DC. research and public positions against regula- DEAR SENATORS: We write as former federal tion have often been closely aligned with workplace. What about the cost of a regulators in response to the nomination of HCRA’s corporate contributors. In coming worker who has to quit working and John D. Graham, Ph.D., to direct the Office years these same regulated industries will be can’t support his family because he has of Information and Regulatory Affairs the subject of federal regulatory initiatives lost his hearing or because of a dis- (OIRA) at the Office of Management and that would be intensively reviewed by Dr. abling injury in the workplace? What Budget (OMB). As OIRA Administrator, Dr. Graham and OIRA. It is thus fair to question about people who have years off their Graham would oversee the development of whether Dr. Graham would be even-handed life and end up dying early from cancer all federal regulations and he would help in carrying out his duties, including helping shape federal regulatory policy. His deci- enforce the laws he has criticized. Might he when they shouldn’t have, but they sions will have profound effects on the favor corporations or industry groups who were working with these carcinogenic health, welfare, and environmental quality were more generous to his Center? Will he substances? What about the cost to of all Americans. We are concerned by many have arrangements to return to Harvard? Is children who are still exposed to lead of Dr. Graham’s expressed views and past ac- there an expectation of further endowments paint who can’t learn, can’t do as well tions as Director of the Harvard Center for from regulated industries? There is the po- in school? What about the cost to all of Risk Analysis, and encourage the committee tential for so many real or perceived con- God’s children when we don’t leave this to conduct a thorough investigation into Dr. flicts of interest, that this could impair his Earth better than the way we found it? Graham’s suitability for this position. ability to do the job. Since the early 1980s, both Republican and We urge the Government Affairs Com- We are all but strangers and guests in Democratic Presidents have issued Execu- mittee to conduct a thorough inquiry into this land. What about the cost of val- tive Orders granting the OIRA Adminis- each of these areas of concern. We believe ues when we are not willing to protect trator exceptionally broad authority to ap- that the health, safety and quality of life of the environment, we are not willing to prove, disapprove, and review all significant millions of Americans deserves such an ap- be there for our children? executive agency regulations. In addition, propriate response. Thank you for your con- I believe Senators should vote no. under the Paperwork Reduction Act, the sideration. Frankly, the more people in the coun- OIRA Administrator has the responsibility Sincerely, to approve and disapprove agency informa- Robert B. Reich, Former Secretary of try who find out about this agenda of tion collection requests, which agencies need Labor; Ray Marshall, Former Sec- this administration, they are going to to evaluate emerging public health and envi- retary of Labor; Edward Montgomery, find it to be extreme and harsh and not ronmental threats. These powers give the Former Deputy Secretary of Labor; in the national interest and not in OIRA Administrator a considerable role in Charles N. Jeffress, Former Assistant their interest and not in their chil- determining how important statutes are im- Secretary of Labor for Occupational dren’s interest. This nomination is a plemented and enforced. Safety & Health; Eula Bingham, perfect example of that. In his written work and testimony before Former Assistant Secretary of Labor I urge my colleagues to vote no and Congress, Dr. Graham has repeatedly argued for Occupational Safety & Health; yield the floor. for an increased reliance on cost-benefit and Davitt McAteer, Former Assistant Sec- cost-effectiveness analysis in the regulatory retary for Labor for Mine Safety and The PRESIDING OFFICER. Who process. We agree that economic analysis Health. yields time? generally plays an important role in policy Lynn Goldman, Former Assistant Ad- Mr. THOMPSON. Mr. President, I making. But increasing the role that eco- ministration for Office of Prevention, yield 5 minutes to the Senator from nomic analysis plays in rulemaking threat- Pesticides and Toxic Substances, Envi- Oklahoma. ens to crowd out considerations of equal or ronmental Protection Agency; J. The PRESIDING OFFICER. The as- perhaps greater importance that are harder Charles Fox, Former Assistant Admin- sistant Republican leader. to quantify and to put in terms of dollars— istrator for Water, Environmental Pro- Mr. NICKLES. Mr. President, I thank for example, what is the dollar value of mak- tection Agency; David Hawkins, my friend and colleague Senator ing public spaces accessible so a paraplegic Former Administrator, for Air Noise THOMPSON for yielding to me. I will be can participate fully in community activi- and Radiation, Environmental Protec- ties? How should we quantify the worth of tion Agency; Joan Claybrook, Former brief. protecting private medical information from National Highway Traffic Safety Ad- I have heard our colleagues. I heard commercial disclosure? Why is the value of ministration; Anthony Robbins, part of Senator Wellstone’s statement. preventing a child from developing a future Former Director, National Institute for He said he thought Mr. Graham would cancer worth only a small fraction of the Occupational Safety and Health. be extreme, out of the mainstream, as value of preventing her from dying in an Mr. WELLSTONE. There are any far as regulating a lot of our indus- auto accident? How do you quantify the real number of former Federal regulators tries. I totally disagree. value of a healthy ecosystem? In addition, we are concerned that Dr. who have signed on, along with former I am looking at some of the people Graham may have strong views that would Secretary Reich. One paragraph: who are stating their strong support affect his impartiality in reviewing regula- In his written work and testimony before for Dr. John Graham. I will just men- tions under a number of statues. He has Congress, Dr. Graham has repeatedly argued tion a couple, and I will include for the claimed that many health and safety stat- for an increased reliance on cost-benefit and RECORD a couple of their statements. utes are irrational because they do not allow cost effectiveness analysis in the regulatory One is former EPA Administrator Wil- the agencies to choose the regulatory option process. We agree that economic analysis liam Reilly. No one would ever call that maximizes economic efficiency where plays an important role in policy making. him extreme. He said that John doing so would diminish public protections. But increasing the role that economic anal- He has repeatedly argued, in his written ysis plays in rulemaking threatens to crowd Graham has ‘‘impressed me with his work and testimony before Congress, that re- out considerations of equal or perhaps great- rigor, fairmindedness and integrity.’’ quirements to take the results of cost-ben- er importance that are harder to quantify Dr. Lewis Sullivan, former Secretary of efit and cost-effectiveness analyses into ac- and to put in terms of dollars—for example, Health and Human Services, said ‘‘Dr.

VerDate 19-JUL-2001 05:59 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.061 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7915 Graham is superbly qualified to be the and environmental policy. He is smart, he We believe that John Graham understands OIRA administrator.’’ has depth, and he is rigorous in his thinking. and subscribes to these principles. His pro- Former administrators from both I think that he would bring these qualities fessional field, risk assessment, lies at the to the OIRA position and would help assure Democrat and Republican administra- heart of many of the most important health, that the rules implementing our nation’s safety, and environmental rules. Despite tions conveyed their confidence that health and environmental laws are as effec- some of the criticisms of Professor Graham’s John Graham ‘‘is not an ’opponent’ of tive and as efficient as they can be in achiev- work that have appeared since his nomina- all regulation but rather is deeply com- ing their objectives. tion was announced, we are confident that he mitted to seeing that regulation serves There is a difference between Graham’s is not an ‘‘opponent’’ of all regulation but broad public purposes as effectively as work at Harvard’s Center on Risk Analysis rather is deeply committed to seeing that and the responsibilities which he would exer- possible.’’ regulation serves broad public purposes as ef- cise at OIRA/OMB, and I think he under- fectively as possible. I looked at this letter. It is signed by stands that. At Harvard, he has concentrated Jim Miller and Chris DeMuth, Wendy The Senate’s role in the appointment proc- on research about the elements of risk and ess is a critical one, and Professor Graham’s Gramm, all Republicans, but also by their implications for policymakers, as well nomination merits careful scrutiny and de- Sally Katzen, who a lot us got to know as on communicating the findings. At OMB, liberation in the same manner as other sen- the charge would be quite different, involv- quite well during a couple of regu- ior Executive Branch appointments. At the ing the implementation of laws enacted by latory battles, and John Spotila, both same time, the President is entitled to the Congress, working with the relevant federal services of qualified appointees as soon as of whom were administrators during agencies—in short, taking more than cost-ef- possible—and this is a particularly impor- President Clinton’s reign as President. fectiveness into account. They served in that capacity. They I have no doubt that you and your col- tant factor today, when many regulatory said he is superbly qualified. leagues on the Committee will put tough issues of great public importance and heated questions to him during his confirmation debate are awaiting decision by the Presi- Dr. Robert Leiken, a respected expert dent’s political officials. We therefore urge on regulatory affairs at the Brookings hearing and set forth your expectations for the position and his tenure should he be con- prompt and fair-minded Senate review of Institution said that Dr. Graham is firmed by the Senate. And I expect he will Professor Graham’s nomination. ‘‘the most qualified person ever nomi- give the reassurances you require, of impar- Respectfully, nated for the job.’’ That is a lot when tial and constructive administration of JAMES C. MILLER III. you consider people such as Chris OIRA, and of avoiding the stalemates that CHRISTOPHER DEMUTH. DeMuth and Wendy Gramm, Sally have characterized OIRA–EPA relations, for WENDY L. GRAMM. Katzen and others, all very well re- example, in years past. The position at OIRA SALLY KATZEN. JOHN SPOTILA. spected, both Democrats and Repub- is fraught with potential for conflict and ob- licans. If you had statements by people struction, but the advent of a thoroughgoing The PRESIDING OFFICER. The Sen- professional who has committed his career to ator from Tennessee. who have served in the job, both Demo- the analysis and exposition of risk should be crats and Republicans, when you have Mr. THOMPSON. Mr. President, I seen as positive. In sum, my interactions yield time to the Senator from Michi- people who have been former heads of over the years with John Graham have im- EPA—incidentally, when we passed the pressed me with his rigor, fairmindedness gan. I ask how much time he would re- clean air bill, I might mention, Admin- and integrity. quire? istrator Reilly—when they are strongly With every good wish, Mr. LEVIN. Perhaps 15 minutes. Sincerely yours, in support of him, they say he is maybe Mr. THOMPSON. I yield 15 minutes WILLIAM K. REILLY. the most qualified person ever, that to the Senator from Michigan. The PRESIDING OFFICER. The Sen- speaks very highly of Dr. Graham. MAY 3, 2001. ator from Michigan. If I believed all of the statements or Hon. FRED THOMPSON, thought that the statements were ac- Chairman. Mr. LEVIN. Mr. President, at the curate that claim he would be bad for Hon. JOE LIEBERMAN, heart of this debate on the nomination the environment, and so on, I would Ranking Democrat, Committee on Governmental of John Graham to be Administrator of vote with my colleagues from Illinois Affairs, the Office of Information and Regu- U.S. Senate, Washington, DC. latory Affairs is the issue of cost-ben- and Minnesota. I don’t happen to agree DEAR MR. CHAIRMAN AND SENATOR with that. It just so happens that sev- efit analysis and risk assessment in LIEBERMAN: The undersigned are former ad- agency rule making. Some of the eral former Administrators don’t agree ministrators of the Office of Information and with it either. Regulatory Affairs (OIRA), which was estab- groups opposed to this nomination, I Dr. Graham is supported by many lished within the Office of Management and believe, are concerned that Dr. Graham people who are well respected. He is Budget by the Paperwork Reduction Act of will live up to his promise and actually 1980. We are writing to urge prompt and fair- require agencies to do competent and more than qualified. I believe he will minded Senate review of Professor John D. do an outstanding job as OIRA Admin- comprehensive cost-benefit analyses Graham’s nomination to be OIRA Adminis- and risk assessments of proposed rules. istrator. trator. I urge our colleagues, both Demo- The ‘‘R’’ in OIRA involves the regulatory I hope he will. The goal of competent crats and Republicans, to give him an aspects of the Office. These are in an impor- cost-benefit analysis and risk assess- overwhelming vote of support. tant part of the OIRA Administrator’s over- ment is to ensure that the public will I thank my colleagues, Senator all responsibilities. The five of us—like the be able to get the biggest bang for its Presidents we worked for—have differing buck when it comes to federal regula- THOMPSON and Senator LEVIN, for al- views of the appropriate role of government lowing me to speak. tion and that the requirements agen- regulation in the economy and society. All of cies impose to protect the environment I ask unanimous consent to print in us, however, came to appreciate three essen- and public health and safety will do the RECORD the letters I referenced. tial features of regulatory policy during our There being no objection, the letters tours at OIRA. more to help than to hurt. That is what were ordered to be printed in the First, regulation has come to be a highly we should all want. important component of federal policy-mak- I have been at odds over the past 20 RECORD, as follows: ing, with significant consequences for public years with some of my closest friends APRIL 27, 2001. welfare. Second, the importance of regu- in the environmental, labor, and con- Hon. FRED THOMPSON, latory policy means that individual rules sumer movements over this notion of Chairman. should be subject to solid, objective evalua- Hon. JOSEPH I. LIEBERMAN, tion before they are issued. Third, the regu- cost-benefit analysis. I have supported Ranking Minority Member, Committee on Gov- latory process should be open and trans- legislation to require cost-benefit anal- ernmental Affairs, parent, with an opportunity for public in- ysis by agencies when issuing regula- Senate Dirksen Office Building, Washington, volvement, and final decisions should be tions since I first came to the Senate DC. clearly and honestly explained. In our view, because, while I believe Government DEAR SENATORS THOMPSON AND LIEBERMAN: objective evaluation of regulatory costs and can make a positive difference in peo- I am writing to support the nomination of benefits, and open and responsive regulatory ple’s lives, I also know that Govern- John Graham to head OMB’s Office of Infor- procedures, serve the same purpose: to avert mation and Regulatory Affairs. policy mistakes and undue influence of nar- ment can waste money on a good Throughout a distinguished academic ca- row interest groups, and to ensure that fed- cause. reer, John has been a consistent champion eral rules provide the greatest benefits to When we waste money on lesser for a risk-based approach to health, safety the widest public. needs, when we waste our resources on

VerDate 19-JUL-2001 05:59 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.063 pfrm04 PsN: S19PT1 S7916 CONGRESSIONAL RECORD — SENATE July 19, 2001 things where the benefits do not justify We don’t know the value of a life. We of the environment and public health the costs, it seems to me that we, at a don’t know the value of a beautiful, un- and worker safety, we shouldn’t be minimum, have an obligation to tell restricted view in a national park. We afraid of the facts. We shouldn’t be the public why we are regulating them. don’t know the value, in dollars, of a afraid to know whether the approach If we don’t do that, if we do not take child who is disabled being able to get an agency may want to take to solving the time to analyze benefits, analyze to a higher floor because of the Ameri- an environmental or public health costs, and explain why, if benefits don’t cans with Disabilities Act. We cannot problem is not as effective as another justify the costs, we are regulating, put a dollar value on those benefits. approach and one that may even be less then we jeopardize public support for And we should not. But we should expensive. the very causes that so many of us weigh the benefit of that and ask our- Justice Stephen Breyer wrote about came here to fight for—the environ- selves whether or not, with the same the value of cost-benefit analysis in his ment, health, and safety, including resources, we can get more kids a bet- book called ‘‘Breaking the Vicious Cir- workplace safety. ter education, or more kids to a higher cle.’’ He describes one example of the I came out of local government. I floor in a building—not to quantify in need for cost-benefit analysis in what fought hard for housing programs, pro- dollars those benefits, but to know he calls ‘‘the problem of the last 10 per- grams to clean up the environment, what those benefits are. cent.’’ It was written by Justice Breyer neighborhood protection programs, If we spend a billion dollars to save a when he served on the First Circuit public safety programs. I spent a good life, if that is my loved one’s life, it is Court of Appeals: part of my life in local government worth it. But if we can spend that same He talks about a case ‘‘. . . arising out of fighting for those programs. Too often, billion dollars and save a thousand a ten-year effort to force cleanup of a toxic I found my Federal Government wast- lives, or 10,000 lives, do we not want to waste dump in southern New Hampshire. The site was mostly cleaned up. All but one of ing resources and failing to achieve the know that before we spend a billion the private parties had settled. The remain- very ends which those programs were dollars? Is that not worth knowing? ing private party litigated the cost of clean- supposed to achieve. Too often. When Are we afraid of knowing those facts? ing up the last little bit, a cost of about $9.3 that happens, we jeopardize public sup- Not me. I am not afraid of knowing million to remove a small amount of highly port for the very programs of which we those facts. I think we want to know diluted PCBs and ‘‘volatile organic com- profess to be so supportive. When we those facts. pounds’’ . . . by incinerating the dirt. How waste dollars—in whatever the pro- We should want to know the costs much extra safety did this $9.3 million buy? The 40,000-page record of this ten-year effort gram is—on things which cannot be and benefits of what we propose to do. indicated (and all the parties seemed to justified, as when we spend thousands The people who should want to know agree) that, without the extra expenditure, of dollars with OSHA regulations, as them the most are the people who be- the waste dump was clean enough for chil- we used to do before some of us got in- lieve in regulation as making a dif- dren playing on the site to eat small volved in getting rid of hundreds of ference, because if the same amount of amounts of dirt daily for 70 days each year OSHA regulations that made no sense, resources can make a greater dif- without significant harm. Burning the soil would have made it clean enough for the when we spent money telling people in ference, people who believe in regula- children to eat small amounts daily for 245 OSHA regulations that when climbing tion should be the first ones to say days per year without significant harm. But a ladder you had to face forward, that let’s do more with the same resources, there were no dirt-eating children playing in doesn’t protect public health. It let’s not waste resources. the area, for it was a swamp. Nor were dirt- doesn’t protect workplace safety; it We know that effective regulatory eating children likely to appear there, for fu- wastes resources on things that are programs provide important benefits to ture building seemed unlikely. The parties useless, and it brings disrepute to the the public. We also know from recent also agreed that at least half of the volatile studies that some of our regulations organic chemicals would likely evaporate by regulatory process—a process I believe the year 2000. To spend $9.3 million to pro- in. I don’t make any bones about that. cost more than the benefits they pro- tect nonexistent dirt-eating children is what I believe in regulation. vide, and that cost-benefit analysis I mean by the problem of ‘‘the last 10 per- We need regulation to protect people when done effectively can result in cent.’’ against abuse, to protect their health rules that achieve greater benefits at That was Justice Breyer speaking. As and safety. But we don’t do that if we less cost. I have indicated, I have tried for the waste money and if we are not willing OMB stated in their analysis of costs last 20 years just to get consideration to at least ask ourselves: What are the and benefits of federal regulations in of costs and benefits into the regu- benefits of a proposed regulation? What 1997, ‘‘The only way we know to distin- latory process. I have worked with Sen- are the costs of a proposed regulation? guish between the regulations that do ator THOMPSON most recently, and I Do the benefits justify the costs? And good and those that cause harm is worked with Senators Glenn and Roth if they don’t, why are we regulating through careful assessment and evalua- and GRASSLEY in previous Congresses. then? tion of their benefits and costs.’’ In a Each time we have tried, we have been I have fought on this floor against well-respected analysis of 12 major defeated, I believe, by inaccurate char- regulatory reform measures which I EPA rules and the impact of cost-ben- acterizations of the consequences of thought went too far. I have filibus- efit analysis on those rules, the author, the use of cost-benefit analysis and tered against regulatory reform meas- Richard Morgenstern, former Associate risk assessment. ures on this floor which I thought went Assistant Administrator of EPA and a That is what is happening, I believe, too far, and which, in fact, would have visiting scholar at Resources for the with Dr. Graham’s nomination. Dr. required that agencies do some things Future, concluded that in each of the Graham’s nomination presents us with which I thought they should not have 12 rule makings, economic analysis the question of the value of cost-ben- to do. For instance, we had a regu- helped reduce the costs of all the rules efit analysis and risk assessment in latory reform bill here which said, even and at the same time helped increase agency rule making once again. That’s though the law said you could not con- the benefits of 5 of the rules. Report because Dr. Graham’s career has been sider the cost, you would have to do it after report acknowledges the impor- founded on these principles. He be- anyway. No, I don’t buy that. If the law tance of good cost-benefit analysis and lieves in them. So do I. And, Dr. says you may not consider cost, that is risk assessment for all agencies. Graham sees cost-benefit analysis not the law of the land and that must be Yet some of the groups that support as the be-all and end-all in regulatory enforced, and no regulatory reform bill regulations to protect public health decisionmaking; rather, like many of should override that legislative intent. and safety appear to be threatened by us, he sees it as an important factor to By the way, I have also opposed cost-benefit analysis and risk assess- consider. Dr. Graham supported the measures which said you have to quan- ment. They seem to fear it will be used regulatory reform bill Senator THOMP- tify benefits. As my good friend from as an excuse to ease up on otherwise SON and I sponsored in the last Con- Minnesota points out, there are hun- tough standards. But I think to fear gress—which was also supported by dreds of benefits which cannot be quan- cost-benefit analysis and risk assess- Vice President Gore—that would re- tified, at least in terms of dollars. You ment is to fear the facts, and when it quire an agency to perform a cost-ben- cannot say what the value of a life is. comes to these vitally important issues efit analysis and risk assessment and

VerDate 19-JUL-2001 05:59 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.065 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7917 state to the public whether the agency subject during our committee hearing Then he went on to say the following: believes, based on that analysis, that and found his answers to be forthright The alternative possibility which EPA em- the benefits of a proposed regulation and satisfactory. Dr. Graham con- phasizes is that the adverse effects outweigh justify the costs. If the agency believes firmed for the record that he has never these beneficial or adaptive effects. And I they don’t, then the agency would be delayed the release of the results of his think that they’re clearly right at the high required to tell the public why it has studies at the request of a sponsor, doses. For example, total tumor counts are decided to regulate under those cir- never failed to publish a study at the up so even if there’s some anticarcinogenicity in there, the overall cumstances. It doesn’t hold an agency request of a sponsor, and never altered tumor effects are adverse. The question is, to the outcome of a strict cost-benefit a study at the request of a sponsor. what happens when the doses come down. analysis. It doesn’t diminish an agen- Moreover, there are numerous studies Mr. President, I ask for 7 additional cy’s discretion in deciding whether or where the conclusions Dr. Graham or minutes. I do not know what time not to issue a regulation. It does man- the Center reached were contrary to agreement we are under. What is the date, though, that the agency conduct the interests of the Center’s sponsors. time agreement? What are the con- The other line of attack against Dr. a comprehensive cost-benefit analysis straints? and, where appropriate, risk assess- Graham is taking Dr. Graham’s state- The PRESIDING OFFICER. The Sen- ment before it issues a proposed rule. I ments out of context, to unfairly paint ator from Tennessee controls 3 hours, believe that is a reasonable, fair and him as an extremist, and I would like of which there are 150 minutes remain- appropriate standard to which to hold to go over just a few examples where ing. our federal agencies accountable. And this has happened. Mr. THOMPSON. I yield an addi- Opponents say, ‘‘[John Graham] has of course our bill also required that in tional 5 minutes to the Senator from said that dioxin is an anticarcinogen’’ doing cost-benefit analysis agencies Michigan. take into account both quantifiable and that he said that ‘‘reducing dioxin The PRESIDING OFFICER. Without and nonquantifiable benefits, a prin- levels will do more harm than good.’’ objection, it is so ordered. ciple in which Dr. Graham firmly be- Those are quotes. Standing alone, Mr. LEVIN. I thank my friend from lieves. that sounds pretty shocking, but let’s Tennessee. So how do Dr. Graham’s opponents look at what John Graham actually Mr. President, Dr. Graham has con- attack him? They attack him by say- said. The issue came up while Dr. sistently said, as he stated in the above ing his science has been influenced by Graham was participating as a member quotations, dioxin is a known car- the donors to his Center and that he of the EPA’s Science Advisory Board, cinogen. What he went on to suggest as supports industry in its opposition to Dioxin Reassessment Review Sub- an EPA subcommittee member is that environmental, health and safety regu- committee, when the subcommittee there be an additional comment, sup- lation. And they attack him by taking was reviewing EPA’s report on dioxin. ported by two studies, that very low many of his statements out of context Here is what he said during one of the levels of dioxin may reduce the risk of to create what appears to be an ex- meetings: cancer, calling for full disclosure about tremist on the role of environmental (T)he conclusion regarding two studies. It turns out, Mr. Presi- anticarcinogenicity . . . [in the EPA report and health regulation but which is dent, that in the final report of that really a fabricated character that on dioxin] should be restated in a more ob- jective manner, and here’s my suggestive EPA subcommittee, his suggestions doesn’t reflect reality. I think Dr. wording, ‘‘It is not clear whether further re- were adopted. Graham is a fair, thoughtful, and eth- ductions in background body burdens of The final report—not his, but the ical person who believes in the value of [dioxin] will cause a net reduction in cancer EPA subcommittee—says: cost-benefit analysis and risk assess- incidence, a net increase in cancer incidence, There is some evidence that very low doses ment as tools we can and should use for or have no net change in cancer incidence.’’ of dioxin may result in decreases in some ad- achieving important public policy deci- And I think there would be also merit in verse responses, including cancer . . . sions. I believe Dr. Graham has also stating not only that [dioxin] is a car- cinogen— That may sound absurd to us, but we found it useful to be provocative when are not experts—at least I am not an That is John Graham speaking— it comes to understanding risk, in an expert—and it seems to me that where effort to shake us out of our customary And I think there would be also merit in stating not only is dioxin a carcinogen, but you have somebody of this reputation thinking and see risks in a practical also I would put it in a category of a likely who, as part of an EPA subcommittee, and real-life dimension. anticarcinogen using the draft guidelines in points to two studies which he says Let me first discuss the allegation of similar kinds of criteria that you have used suggests that it is possible that at low bias with respect to funding sources. as classifying it as a carcinogen. levels dioxin could actually be an When various groups have questioned He said this at another point in the anticarcinogen, and then the EPA sub- John Graham’s independence, they meeting: ‘‘I’d like to frame it’’— refer- committee actually adopts that sug- have suggested that his science has ring to a subcommittee member’s com- gestion, for that to be characterized been skewed by his corporate sponsor- ment—‘‘in a somewhat more provoca- that he thinks dioxin is good, or some- ship. Frank Cross, Professor of Busi- tive manner in order to stimulate some thing similar to that, is a serious ness and Law at the University of dialogue.’’ mischaracterization of what happened. Texas, said ‘‘this criticism is unwar- He discusses two studies that look at I am not in a position to defend the ranted, unfair and inconsistent with different levels of dioxin and identified dioxin studies, nor am I arguing the the clear pattern and practice of most some anticarcinogenic effects. Dr. substance of their outcome. I am point- (if not all) similarly situated research Graham said the following: ing out, however, that Dr. Graham, centers.’’ Yes, Dr. Graham’s center re- If, as body burdens of dioxin decline the ad- when he discussed this point, wasn’t ceived significant sums of money from verse effects disappear more rapidly than the making it up; he was bringing two sci- corporate sponsors. But it also estab- adaptive or beneficial effects, and this is as entific studies to the attention of the lished a conflict of interest policy in suggested by certain experimental data both EPA subcommittee, and in the final re- line with Harvard University School of the Pitot study I mentioned and the Kociba study. As the dose comes down, the adverse view report by the EPA Science Advi- Public Health’s conflict of interest pol- effects go away faster than the sory Panel, Dr. Graham’s suggestion icy, requiring peer review of research anticarcinogenic effects. Then it’s possible and the two studies to which he refers products disseminated publicly by the that measures to reduce current average are mentioned. Center and a complete disclosure of all body burdens of dioxin further could actually Who would have thought in the year sponsors. The policy requires that any do more harm for public health than good. 2000 that cancer victims would be tak- restricted grants received by the Cen- ‘‘Possible,’’ ‘‘if,’’ as two studies sug- ing thalidomide and actually seeing ter adhere to all applicable Harvard gest. I want to repeat that. ‘‘If’’ some- positive results. That is counterintui- University rules including the freedom thing occurs, as two studies—not his— tive to me. I was raised believing tha- of the Center’s researchers to design two studies ‘‘suggest,’’ then it is ‘‘pos- lidomide to be the worst, deadly sub- projects and publish results without sible’’ that at low levels there are stance just about known. The idea that prior restraint by sponsors. I asked Dr. anticarcinogenic effects. That is what last year people would be taking tha- Graham a number of questions on this he said in the meeting. lidomide as an anticarcinogen is surely

VerDate 19-JUL-2001 05:09 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.066 pfrm04 PsN: S19PT1 S7918 CONGRESSIONAL RECORD — SENATE July 19, 2001 counterintuitive to me, but we must associated with banning or not banning risks and benefits are both negligible. When not be afraid of knowing cost-benefits. certain pesticides. He wrote: the risks and benefits are both significant, the regulator faces a difficult value judge- It must not strike fear in our hearts, Pesticides are one example of the problem ment. Before approving use of a pesticide, those of us who believe that regulation at EPA. EPA chief Carol Browner has pro- the regulator should certainly assure himself can make such a positive difference in posed banning any pesticide that poses a the- or herself that promising alternatives of the the lives of people. oretical lifetime cancer risk to food con- pesticide are not available. If they are not, a We should not be terrorized by labels, sumers in excess of one in a million, without conditional registration may be the best by characterizations which are not ac- regard to how much pesticides reduce the course of action—assuming that the benefits cost of producing and consuming food. (The to the consumer are significant and the curate. We should, indeed, I believe best estimates are that banning all pes- more than anybody, say: We want to health risks are acceptable (even if non-neg- ticides that cause cancer in animals would ligible). There is nothing unjust or unethical know costs and benefits. We do not raise the price of fruits and vegetables by as about a society of consumers who subject want to quantify the value of a human much as 50%). This is nutty. A baby’s life- themselves to some degree of involuntary life. That is not what this is about. We time risk of being killed on the ground by a risk from pesticide use in exchange for con- should not quantify in dollars the crashing airplane is about four in a million. sumer benefits. If possible, its preferable to value of a human life. It is invaluable— No one has suggested that airplanes should let each consumer make this judgement. But every life. be banned without regard to their benefits to our society certainly accepts a considerable consumers. There is no dollar value that I can amount of (irreducible) involuntary risk from automobiles and electric power produc- put on any life or on limb or on safety Dr. Graham was making the point that we do not live in a risk-free world tion in exchange for the substantial benefits or on access. But we should know what these technologies offer the consumer. is produced by a regulation and what is and that some risks are so small that while they sound bad, relatively speak- In other words, Dr. Graham is saying the cost of that regulation and what that risks need to be disclosed and resources we are using that might be ing, they are minor compared to other risks we live with every day. Dr. weighted based on the level of risk to better used somewhere else to get make a fair decision. We need to have greater benefits and still then make a Graham believes we should consider all the facts, that we should disclose all full disclosure and consideration of all judgment—not be prohibited from reg- the costs and benefits to make smart ulating, but at least know cost-benefit the costs and benefits associated with proposed regulations so we make smart common sense decisions. In that same before we go on. testimony, Dr. Graham also said: Lets look at another issue where common sense decisions. Dr. Graham writes in the same arti- Each year thousands of poisonings occur to John Graham has been quoted out of pesticide users, often due to application and context by his critics. Critics say that cle that ‘‘One of the best cost-benefit harvesting practices that violate safety pre- Dr. Graham has said that the risk from studies ever published was an EPA cautions. Recent studies suggest that the pesticides on food is ‘‘trivial.’’ In Janu- analysis showing that several dollars rates of some types of cancer among farmers ary 1995, Dr. Graham participated in a in benefits result from every dollar may be associated with the frequency of her- National Public Radio broadcast dis- spent de-leading gasoline.’’ His critics bicide use. It is not yet known whether or don’t quote that part. not these associations reflect a cause-and-ef- cussing upcoming congressional hear- fect relationship. Congress should examine ings on regulatory reform. At the time, Continuing with the pesticides issue, critics say that Dr. Graham has said whether EPA’s recent occupational health he was attempting to bring to light the rule is adequate to protect the health of importance of risk-based priorities, the that ‘‘banning DDT might have been a farmworkers and applicators. importance of identifying and under- mistake.’’ This is not what Dr. Graham But his opponents don’t mention standing the most serious risks vis a said. He actually said: those statements. vis less significant risks. In putting Regulators need to have the flexibility to Dr. Graham was criticized in a recent this comment in the right context, lets consider risks to both consumers and work- op-ed for saying that our nation is look at what he actually said: ers, since new pesticide products that pro- overreacting ‘‘in an emotional gush’’ to tect consumers may harm workers and vice It [the federal government] suffers from a versa. For example, we do not want to be- school shootings at places such as Col- syndrome of being paranoid and neglectful at come so preoccupied with reducing the levels umbine High School. But the Sunday the same time. We waste our time on trivial of pesticide residues in food that we encour- New York Times article in which those risks like the amount of pesticides residues age the development and use of products words are quoted, has a completely dif- on foods in the grocery store at the same that pose greater dangers to farmers and ap- ferent context. It is an article about time that we ignore major killers such as the plicators. As an example, consider the pes- real dangers for teenagers, and whether violence in our homes and communities. ticide DDT, which was banned many years schools are now dangerous places to be. It was a provocative statement, and ago because of its toxicity to birds and fish. The article notes that while homicide Dr. Graham did refer to pesticide resi- The substitutes to DDT particularly is the second leading cause of death organophosphate products, are less per- dues as ‘‘trivial,’’ but it was done in among youngsters, according to the the context of a larger discussion of sistent in food and in the ecosystem but have proven to be more toxic to farmers. When Centers for Disease Control and Pre- overall risks. Dr. Graham was making these substitutes were introduced, a number vention, ‘‘fewer than 1 percent of the a statement to make people think of unsuspecting farmers were poisoned by child homicides occur in or around about risk-based priorities. Dr. Graham the more acutely toxic substitutes for DDT. schools.’’ The article quotes Dr. Jim has consistently stated that since we These statements were part of Dr. Mercy, associate director for science in have limited funds, there should be Graham’s testimony for a joint hearing the division of violence prevention at ‘‘explicit risk-based priority setting’’ on legislative issues pertaining to pes- the Centers for Disease Control and of regulations. In other words, we have ticides before the Senate Committee on Prevention, as saying, ‘‘The reality is to make smart choices and strongly Labor and Human Resources and the that schools are very safe environ- supported decisions and we need full House Subcommittee on Health and ments for our kids.’’ Later on in the ar- disclosure of the differing risks to do Environment in September 1993. Dr. ticle the other risks to adolescents are this. Graham was addressing his concerns on discussed and that’s where Dr. Graham Dr. Graham’s statements from an op- the lack of disclosure and review of the comes in. The article says: ed that he wrote for the Wall Street costs and benefits associated with the When public health experts look at risks to Journal on the merits of conducting proposal of certain pesticides regula- young people, homicides, which account for cost-benefit analysis have also been 14 percent of all deaths among children, tions. To properly show where Dr. come in second. The biggest threat is acci- mischaracterized. Critics say that John Graham is on the pesticide issue, let Graham has said that banning pes- dents, primarily car crashes, which are re- me quote Dr. Graham’s summary com- sponsible for 42 percent of childhood deaths. ticides that cause small numbers of ments on risk analysis he made at that Dr. Graham of Harvard says there is a danger cancers is ‘‘nutty.’’ In the op-ed, Dr. hearing. Dr. Graham testified: to the ‘‘emotional gush’’ over Littleton: ‘‘It Graham was opining on the adequacy Pesticides products with significant risks diverts energies from the big risks that ado- of EPA’s risk assessments supporting and negligible benefits should be banned. lescents face, which are binge drinking, traf- proposals to ban certain pesticides. Dr. Products with significant benefits and neg- fic crashes, unprotected sex’’. Graham points out that the EPA did ligible risks should be approved. We should The last mischaracterization I would not look at all the costs and benefits not give much attention to products whose like to discuss relates to Dr. Graham’s

VerDate 19-JUL-2001 05:09 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.069 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7919 work on cell phones. Dr. Graham’s crit- safety of the workplace. If I believed standards for cars—standards that might ics say that he has said that ‘‘there is that, I would vote ‘‘no’’ in an instant. well lead to smaller, and less safe, motor ve- no need to regulate the use of cell But, contrary to what has been said by hicles—should be understood in this light. phones while driving, even though this his opponents, I find John Graham to Whenever government is regulating, it should be alert to the problem of unintended, causes a thousand additional deaths on be a balanced and thoughtful person. and harmful, side effects. John has been a the road each year.’’ The Executive So do other individuals in the regu- true pioneer in drawing attention to this Summary of the Harvard Center for latory field whom I respect. Dr. problem. Risk Analysis (HCRA) report, entitled, Graham has received letters of support John has been criticized, in some quarters, ‘‘Cellular Phone Use While Driving: from, among others, former EPA Ad- for pointing out that we spend more money Risks and Benefits’’ states that there ministrator and now head of the Wil- on some risks than on others, and for seek- is a risk of using a cell phone while derness Society, William Reilly; five ing better priority-setting. These criticisms former OIRA Administrators from both are misplaced. One of the strongest points of driving, although the level of that risk the Clinton/Gore ‘‘reinventing government’’ is uncertain. It states: Republican and Democratic Adminis- initiative was to ensure better priority-set- The weight of scientific evidence to date trations; 95 academic colleagues; Har- ting, by focusing on results rather than red- suggests that use of a cellular phone while vey Fineberg, the Provost of Harvard tape. Like Justice Breyer, John has empha- driving does create safety risks for the driver College, numerous Harvard University sized that we could save many more lives if and his/her passengers as well as other road professors, and Cass Sunstein, Univer- we used our resources on big problems rather users. The magnitude of these risks is uncer- sity of Chicago Law Professor. Pro- than little ones. This should not be a con- tain but appears to be relatively low in prob- troversial position. And in emphasizing that ability compared to other risks in daily life. fessor Sunstein has written a particu- larly compelling letter of support environmental protection sometimes in- volves large expenditures for small gains, Look at the stated objective of the which I would like to read. cell phone study. The report states, John is seeking to pave the way toward more Dr. Graham has supported common sensible regulation, not to eliminate regula- ‘‘The information in this report does sense, well-analyzed regulations be- not provide a definite resolution of the tion altogether. In fact John is an advocate cause they use resources wisely against of environmental protection, not an oppo- risk-benefit issue concerning use of cel- the greatest risks we face. That is the nent of it. When he criticizes some regula- lular phones while driving. The objec- best way to assure public support for tions, it is because they deliver too little and tive of the report is to stimulate great- health and safety regulatory programs. cost too much. er scientific and public policy discus- I think Dr. Graham will serve the pub- John has also been criticized, in some sion of this issue.’’ Dr. Graham states quarters, for his enthusiasm for cost-benefit lic well as Administrator of OIRA, and analysis. John certainly does like cost-ben- up-front that the study is promoting I look forward to working with him on further discussion and research on the efit analysis, just like President Clinton, these challenging issues. whose major Executive Order on regulation issue of cell phone use. The report also Mr. President, I ask unanimous con- requires cost-benefit balancing. But John does not completely rule out the need sent to print in the RECORD the letter isn’t dogmatic here. He simply sees cost-ben- for regulation; it states that further from Professor Sunstein. efit analysis as a pragmatic tool, designed to study is necessary. The Executive There being no objection, the letter ensure that the American public has some Summary states: was ordered to be printed in the kind of account of the actual consequences Cellular phone use while driving should be RECORD, as follows: of regulation. If an expensive regulation is a concern of motorists and policymakers. We going to cost jobs, people should know about THE UNIVERSITY OF CHICAGO, conclude that although there is evidence that—even if the regulation turns out to be THE LAW SCHOOL, worthwhile. John uses cost-benefit analysis that using a cellular phone while driving Chicago, IL, March 28, 2001. poses risks to both the drivers and others, it as a method to promote better priority-set- Senator JOSEPH LIEBERMAN, ting and more ‘‘bang for the buck’’—not as a may be premature to enact substantial re- Senate Hart Office Building, strictions at this time. Indecision about way to stop regulation when it really will do Washington, DC. significant good. whether cellular phone use while driving DEAR SENATOR LIEBERMAN: I am writing to should be regulated is reasonable due to the I might add that I’ve worked with John in express the strongest possible support for a number of settings, and I know that he is limited knowledge of the relative magnitude John Graham’s nomination to be head of the of risks and benefits. In light of this uncer- firmly committed to the law—and a person Office of Information and Regulatory Af- of high integrity. He understands that in tainty, government and industry should en- fairs. This is an exceptional appointment of deavor to improve the database for the pur- many cases, the law forbids regulators from a truly excellent and nonideological person. balancing costs against benefits, or from pro- pose of informing future decisions of motor- I’ve known John Graham for many years. ducing what he would see as a sensible sys- ists and policymakers. In the interim, indus- He’s a true believer in regulatory reform, not tem of priorities. As much as anyone I know, try and government should encourage, as an ideologue but as a charter member of John would follow the law in such cases, not through vigorous public education programs, the ‘‘good government’’ school. In many his own personal preferences. more selective and prudent use of cellular ways his views remind me of those of Su- A few words on context: I teach at the Uni- phones while driving in order to enhance preme Court Justice, and Democrat, Stephen versity of Chicago, in many ways the home transport safety. Breyer (in fact Breyer thanks John in his to free market economics, and I know some most recent book on regulation). Unlike Here, as is in the other examples, Dr. people who really are opposed to regulatory some people, John is hardly opposed to gov- Graham is recommending that all data programs as such. As academics, these peo- ernment regulation as such. In a number of be considered so we can make a smart, ple are excellent, but I disagree with them areas, he has urged much more government common sense decision on any pro- strongly, and I believe that the nation would regulation. In the context of automobile have real reason for concern if one of them posed regulation. There is no doubt safety, for example, John has been one of the was nominated to head OIRA. John Graham that as a college professor, Dr. Graham major voices in favor of greater steps to pro- is a very different sort. He cannot be pigeon- has made some provocative statements tect drivers and passengers. on different issues. And I don’t agree A good way to understand what John is all holed as ‘‘conservative’’ or ‘‘liberal’’; on reg- ulatory issues, he’s unpredictable in the best with all of the statements or consider- about is to look at his superb and important book (coauthored with Jonathan Wiener), sense. I wouldn’t be at all surprised if, in ations he has made, but, I do believe, some settings, he turned out to be a vigorous these statements are within the con- Risk vs. Risk (Harvard University Press). A glance at his introduction (see especially pp. voice for aggressive government regulation. text of reasonable consideration of the 8–9) will suffice to show that John is any- In fact that’s exactly what I would expect. risks and that he has made these state- thing but an ideologue. On the contrary, he When he questions regulation, it is because ments to promote free thinking to gen- is a firm believer in a governmental role. he thinks we can use our resources in better erate thoughts and ideas so we can The point of this book is to explore how reg- ways; and on this issue, he stands as one of make the best decisions. ulation of some risks can actually increase the most important researchers, and most other risks—and to ensure that government promising public servants, in the nation. Mr. President, I don’t take any pleas- From the standpoint of safety, health, and is aware of this point when it is trying to ure today in opposing some of my good the environment, this is a terrific appoint- protect people. For example, estrogen ther- friends and colleagues on a matter ment, even an exciting one. I very much apy during menopause can reduce some about which they appear to care so hope that he will be confirmed. risks, but increase others at the same time. Sincerely, much. They have characterized the What John seeks to do is to ensure that reg- CASS R. SUNSTEIN. nomination of John Graham as a ulation does not inadvertently create more threat to our progress in protecting the problems than it solves. John’s concern The PRESIDING OFFICER. The Sen- environment, consumer safety and the about the possible problems with CAFE ator from Tennessee.

VerDate 19-JUL-2001 05:09 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.071 pfrm04 PsN: S19PT1 S7920 CONGRESSIONAL RECORD — SENATE July 19, 2001 Mr. THOMPSON. Mr. President, we OIRA, this office which Dr. Graham question, while the public remains un- have speakers in support. I see my has been nominated to direct, is the protected. friend from Connecticut. In the inter- gatekeeper, if you will, of Govern- Let me turn directly to Dr. Graham’s est of balance, if the Senator desires ment’s protective role. OIRA reviews record. In the hearing on his nomina- time, I yield. Not my time, of course. major rules proposed by agencies and tion, Dr. Graham acknowledged, for in- The PRESIDING OFFICER. The Sen- assesses information on risk, cost, ben- stance, his opposition to the assump- ator from Connecticut. efits, and alternatives before the regu- tions underlying our landmark envi- Mr. LIEBERMAN. Mr. President, I lations can go forward. Then if the Ad- ronmental laws —that every American thank my friend from Tennessee for his ministrator of OIRA finds an agency’s has a ‘‘right’’ to drink safe water and graciousness and fairness. I yield my- proposed rule unacceptable, they re- breathe clean air. Indeed, Dr. Graham self up to 15 minutes from the time I turn the rule to the agency for further has devoted a good part of his career to have under the prevailing order. consideration. That is considerable arguing that those laws mis-allocate Mr. President, the nomination of power. society’s resources, suggesting we John Graham to administer the Office This nominee would continue the tra- should focus more on cost-benefit prin- of Information and Regulatory Affairs, ditional role but charter a further, ciples, which take into consideration, I known as OIRA, is an important nomi- more ambitious role by declaring that think, one view of the bottom line, but nation, although the office is little he intends to involve himself more in may sacrifice peoples’ right to a clean known. I say that because the office, the front end of the regulatory process, and healthy environment and a fuller though little known, has a far reach I assume. That is what he said before understanding of the bottom-line costs throughout our Government. It par- our committee. I assume by this he involved when people are left unpro- ticularly has a significant effect on a meant he will take part in setting pri- tected. Dr. Graham has written gen- role of Government that is critically orities in working with agencies on erally, for example, that the private important and cherished by the public. regulations even before they have for- sector should not be required to spend That is the protective role. This re- malized and finalized their own ideas as much money as it does on programs sponsibility, when applied to the envi- to protect the public. to control toxic pollution, that he be- ronment or the health and safety of So his views on regulation are criti- lieves, on average, are less cost-effec- consumers and workers, is worth a vig- cally important, even more important tive than medical or injury-prevention orous defense. It is a role which the because of this stated desire he has to efforts, where presumably more money public wants and expects the Govern- be involved in the front end of the should be spent. But why force us to ment to play. I fear it is a role from process. It also means he could call make such a choice when both are nec- which the present administration upon the agencies to conduct time-con- essary for the public interest? seems to be pulling away. It is in that suming and resource-intensive research Dr. Graham has said society’s re- context I view this nomination. and analysis before they actually start sources might be better spent on bicy- With that in mind, I have weighed developing protections needed under cle helmets or violence prevention pro- Dr. Graham’s nomination carefully. I our environmental statutes. grams than on reducing children’s ex- have reviewed his history and his ex- Some others have referred to this as posure to pesticide residues or on cut- tensive record of advocacy and pub- paralysis by analysis; in other words, ting back toxic pollution from oil re- lished materials. I listened carefully to paralyzing the intention, stifling the fineries. This is the kind of result that his testimony before the Governmental intention of various agencies of our his very theoretical and I would say, Affairs Committee. I did so, inclined, Government to issue regulations which respectfully, impractical, cost-benefit as I usually am, to give the benefit of protect the environment, public health, analysis produces. Bicycle helmets the doubt to the President’s nominees. safety, consumers, by demanding so save lives, and violence is bad for our In this case, my doubts remained so much analysis that the regulations are society. But the problem is that Dr. persistent and the nominee’s record on ultimately delayed so long they are sti- Graham’s provocative theorizing fails issues that are at the heart of the pur- fled. to answer the question of how to pro- pose of the office for which he has been OIRA, looking back, was implicated tect the health of, for instance, the nominated are so troubling that I re- during earlier administrations in some family that lives next to the oil refin- main unconvinced that he will be able abuses that both compromised the pro- ery or in the neighborhood. His ration- to appropriately fulfill the responsibil- tective role of Government and under- al priority setting may be so rational ities for which he has been nominated. mined OIRA’s own credibility. There that it becomes, to those who don’t I fear in fact, he might—not with bad was a history of OIRA reviewing regu- make it past the cost-benefit analysis, intentions but with good intentions, lations in secret, without disclosure of cruel or inhumane, although I know his own—contribute to the weakening meetings or context with interested that it is not his intention. of Government’s protective role in parties. Rules to protect health, safety, Dr. Graham sought to allay concerns matters of the environment, health, and the environment would languish at by explaining that his provocative and safety. That is why I have decided OIRA, literally, for years. I am not views were asserted as a university to oppose Dr. Graham’s nomination. making that up. Regulations would be professor, and that in administering Let me speak first about the protec- stymied literally for years with no ex- OIRA he would enforce environmental tive role of Government. Among the planation. Then OIRA would return and other laws as written. I appreciate most essential duties that Government them to the agencies with many re- his assurances. But for me, his long- has is to shield our citizens from dan- quired changes, essentially overruling standing opinions and advocacy that gers from which they cannot protect the expert judgment of the agencies, matters of economy and efficiency su- themselves. We think of this most ob- which not only compromised the persede the environmental and public viously in terms of our national secu- health and safety of the public which health rights of the citizenry still leave rity or of enforcement of the law at was unprotected by those regulations me unsettled and make him an un- home against those who violate the law for all that time but also frustrated the likely nominee to lead OIRA. and commit crimes. But the protective will of Congress which enacted the laws Dr. Graham’s writings and state- function also includes protecting peo- that were being implemented by those ments are controversial in their own ple from breathing polluted air, drink- regulations. right, but they are all the more so in ing toxic water, eating contaminated To be fair, of course, it is too soon to light of the actions the Bush Adminis- food, working under hazardous condi- say whether similar problems will tration has already taken with regard tions, being exposed to unsafe con- occur at OIRA during the Bush admin- to protective regulations. It began with sumer products, and falling prey to istration, and Dr. Graham himself ex- the so-called Card memo—written by consumer fraud. That is not big gov- pressed a desire to uphold the trans- the President’s Chief of Staff, Andrew ernment; that is responsible, protective parency of decisionmaking at OIRA. Card—which delayed a number of pro- government. It is one of the most broad However, the potential for abuse re- tective regulations issued by the Clin- and supportive roles that Government mains. That is particularly so for de- ton administration. The Card memo plays. laying the process, with question after was followed by a series of troubling

VerDate 19-JUL-2001 05:21 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.073 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7921 decisions—to reject the new standard under heavy criticism from Congress from deserves very careful scrutiny and should be for arsenic in drinking water; to pro- continually thwarting crucial health, safety, opposed. pose lifting the rules protecting and environmental protections. At a min- Sincerely, groundwater against the threat of imum, this raises serious concerns about his GARY D. BASS, independence, objectivity, and neutrality in Executive Director. toxic waste from ‘‘hard-rock’’ mining reviewing agency rules. operations on public lands; to recon- In critiquing federal regulation, Dr. Re: Oppose the nomination of Dr. John sider the rules safeguarding pristine Graham has employed questionable analyt- Graham to be OIRA administrator. areas of our national forests; and to ical methods that have the inevitable effect of deflating benefits relative to costs. For JULY 17, 2001. weaken the energy-efficiency standard U.S. Senate, for central air conditioners. example, he’s downplayed the health risks of diesel engines, as well as second-hand smoke, Washington, DC. So his views are disconcerting. In the and argued against a ban on highly toxic pes- DEAR SENATOR, The League of Conserva- context of this administration and the ticides (all after receiving funds from affect- tion Voters (LCV) is the political voice of direction in which it has gone, they are ing industries). As administrator of OIRA, the national environmental community. absolutely alarming. Dr. Graham will be in position to implement Each year, LCV publishes the National Envi- We have received statements from these analytical methods, which would not ronmental Scorecard, which details the vot- several respected organizations oppos- bode well for health, safety, and environ- ing records of Members of Congress on envi- ing this nomination. I do at this time mental protections. ronmental legislation. The Scorecard is dis- In pushing his case for regulatory reform, tributed to LCV members, concerned voters want to read a partial list of those be- Dr. Graham has often invoked a study he nationwide, and the press. cause they are impressive: the Wilder- conducting with one of his doctoral students. LCV opposes the nomination of Dr. John D. ness Society, the League of Conserva- ‘‘[B]ased on a sample of 200 programs, by Graham to direct the Office of Information tion Voters, the Sierra Club, the Na- shifting resources from wasteful programs to and Regulatory Affairs (OIRA) in the Office tional Resources Defense Council, Pub- cost-effective programs, we could save 60,000 of Management and Budget. The Adminis- lic Citizen, National Environmental more lives per year in this country at no ad- trator of OIRA plays an extremely powerful Trust, OMB Watch, AFL–CIO, Amer- ditional cost to the public sector or the pri- role in establishing regulatory safeguards for ican Federation of State, County and vate sector,’’ Dr. Graham told the Govern- every agency of our government. This posi- mental Affairs Committee on Sept. 12, 1997. Municipal Employees, American Riv- tion requires a fair and even-handed judge of Senators clearly took this to mean existing the implications of regulatory policies: John ers, Center for Science and the Public regulatory programs. Yet in fact, most of the Graham’s record makes him an unsuitable Interest, Defenders of Wildlife, 200 ‘‘programs’’ were never actually imple- choice for this important position. Earthjustice Legal Defense Fund, mented, as Lisa Heinzerling, a professor at OIRA is the office in the Executive Office Friends of the Earth, Greenpeace, Min- Georgetown Law Center has recently pointed of the President through which major federal eral Policy Center, Physicians for So- out. This includes 79 of the 90 environmental regulations and many other policies must cial Responsibility, Southern Utah Wil- ‘‘regulations,’’ which, not surprisingly, were pass for review before they become final. The derness Alliance, the United Auto scored as outrageously expensive. Despite re- office has great leeway in shaping proposals peated misrepresentations of his study by it reviews or holding them up indefinitely. Workers, the United Food and Com- the press and members of Congress, Dr. mercial Workers International Union, One of the principal ways in which OIRA in- Graham has never bothered to correct the fluences rulemakings is through its use of The United States Public Interest Re- record. In fact, he has perpetuated the myth risk assessment and cost-benefit analysis. search Group. by continually using the study to criticize Graham has a perspective on the use of risk We have received, Members of this our real-world regulatory system. assessment and cost-benefit analysis that body, letters from many of these orga- Dr. Graham has promoted the view that would greatly jeopardize the future of regu- nizations and others urging us to op- cost-benefited analysis should be the deter- latory policies meant to protect average minative criteria in deciding whether a rule Americans. He advocates an analytical pose this nomination. We have also re- goes forward. This position is frequently at ceived letters against the nomination framework that systematically reinforces odds with congressional mandates that place the worst tendencies of cost-benefit analysis from over 30 department heads and fac- public health considerations as the pre- ulty members at medical and public to understate benefits and overstate costs. eminent factor in rulemaking deliberations. As head of OIRA, he would be in a position to health schools across the United For instance, Dr. Graham was recently part impose this approach throughout the govern- States, from numerous other scholars of an amicus brief filed before the Supreme ment. Court that argued EPA should consider costs in the fields of law, economics, science, Graham’s approach has led him to chal- in devising clean air standards (currently and business, and from former heads of lenge—either directly or through his support costs are considered during implementation), of others who use the approach—some of the Federal departments and agencies that which the Court unanimously rejected. We most valuable environmental requirements have been referred to earlier in this de- are concerned that as regulatory gatekeeper, that exist, including regulations imple- bate. Dr. Graham would elevate the role of cost- menting the Clean Air Act and the Food I ask unanimous consent that these benefit analysis in ways Congress never in- Quality Protection Act. He has used com- various letters of opposition to Dr. tended. parative risk assessments to rank different Graham’s nomiantion be printed in the Dr. Graham has little to no experience with information issues, which have taken kinds of risk and to argue that society RECORD. should not take actions to reduce environ- There being no objection, the letters on even greater importance with the advent of the intent. OIRA was created in 1980 by mental risks as long as there are other risks were ordered to be printed in the the Paperwork Reduction Act, which gives that can be reduced more cheaply. His ap- RECORD, as follows: the office chief responsibility for overseeing proach makes no distinction between risks OMB WATCH, information collection, management, and that are assumed voluntarily and those that Washington, DC, June 8, 2001. dissemination. We fear that information pol- are imposed involuntarily. U.S. Senate, icy will suffer with Dr. Graham at the helm, Graham’s considerable financial support Washington, DC. and that he is more likely to focus on regu- from industry raises serious questions about DEAR SENATOR: We are writing to express latory matters—his natural area of interest potential conflicts of interest and his ability our opposition to President Bush’s nominee and expertise. Ironically, Congress has never to be truly objective. His close ties to regu- to head OMB’s Office of Information and asked OIRA to review agency regulations. lated industry will potentially offer these Regulatory Affairs, John Graham. We be- This power flows from presidential executive entities an inside track and make it difficult lieve Dr. Graham’s track record raises seri- order. for Dr. Graham to run OIRA free of conflicts ous concerns that warrant your careful con- Dr. Graham’s track record does not dem- of interests and with the public good in sideration. In particular: onstrate the sort of objectivity and dis- mind. As director of the Harvard Center for Risk passionate analysis that we should expect For these reasons, we strongly urge you to Analysis, which is heavily funded by cor- from the next OIRA administrator. Indeed, oppose the nomination of Dr. Graham to be porate money, Dr. Graham has been a con- he has demonstrated a consistent hostility the Administrator of OIRA. LCV’s Political sistent and reliable ally of almost any indus- to health, safety, and environmental protec- Advisory Committee will consider including try seeking to hold off new regulation. As tion—once telling the Heritage Foundation votes on these issues in compiling LCV’s 2001 OIRA administrator, Dr. Graham will sit in that ‘‘[e]nvironmental regulation should be Scorecard. If you need more information, ultimate judgment over regulation affecting depicted as an incredible intervention in the please call Betsy Loyless in my office at 202/ his former allies and benefactors. This gives operation of society.’’ Dr. Graham’s nomina- 785–8683. us great concern that OIRA will take a much tion threatens to bring back the days when Sincerely, more activist role in the rulemaking process, OIRA acted as a black hole for crucial public DEB CALLAHAN, reminiscent of the 1980s when the office came inspections. Accordingly, this nomination President.

VerDate 19-JUL-2001 05:50 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.017 pfrm04 PsN: S19PT1 S7922 CONGRESSIONAL RECORD — SENATE July 19, 2001

NATIONAL ENVIRONMENTAL TRUST, consider his anti-regulatory record and con- taining to rare catastrophic events such as Washington, DC, May 15, 2001. troversial risk management methodology chemical plant explosions or common sense Hon. JOSEPH I. LIEBERMAN, during your confirmation proceedings. requirements like these for lighted exit signs U.S. Senate, Hart Senate Office Building, The Administrator of OIRA plays an ex- couldn’t pass Dr. Graham’s strict cost-ben- Washington, DC. tremely powerful role in establishing regu- efit test. DEAR SENATOR LIEBERMAN: I am writing on latory safeguards for every agency of our In enacting the Occupational Safety and behalf of the National Environmental Trust government. This position requires a fair and Health Act, the Clean Air Act and other safe- (NET) to urge your opposition to the nomi- even-handed judge of the implications of reg- ty and health and environmental laws, Con- nation of John Graham to head OMB’s Office ulatory policies. Upon close review, we be- gress made a clear policy choice that protec- of Information and Regulatory Affairs. As lieve that you will agree that John Graham’s tion of health and the environment was to be Ranking Member on the Senate Government record makes him an unsuitable choice for the paramount consideration in setting regu- Affairs Committee, Mr. Graham’s scheduled this important position. lations and standards. Dr. Graham’s views to come before you at a confirmation hear- Dr. Graham possesses a decision-making and opinions are directly at odds with these ing on May 16, 2001. framework that does not allow for policies policies. Mr. Graham’s approach to regulation in- that protect public health and the environ- We are also deeply concerned about Dr. cludes heavy reliance on business friendly ment. He has consistently applied controver- Graham’s close ties to the regulated commu- ‘‘risk analysis’’ and ‘‘cost-benefit analysis’’ sial methodology based on extreme and dis- nity. The major source of Dr. Graham’s fund- creating a higher barrier for agencies to putable assumptions without full consider- ing at the Harvard Center for Risk Analysis overcome in order to issue a rule other than ation of benefits to public health and the en- has been from companies and trade associa- the one which is most ‘‘cost effective’’. Fur- vironment. Graham’s record puts him tions who have vigorously opposed a wide thermore, Mr. Graham is hostile to the very squarely in opposition to some of the most range of health, safety and environmental idea of environmental regulation. In 1996, important environmental and health protections. Much of Dr. Graham’s work has Graham told political strategists at the Her- achievements of the last two decades. His been requested and then relied upon by those itage Foundation that ‘‘environmental regu- record of discounting the risks of well-docu- who seek to block necessary protections. lation should be depicted as an incredible mented pollutants raises questions about his intervention in the operation of society.’’ He ability to objectively review all regulatory Given Dr. Graham’s extreme views on reg- has also stated that support for the regula- decisions from federal agencies. ulatory policy and close alliance with the tion of chemicals in our water supply shows Complicating matters further, John regulated communities, we are deeply con- the public’s affliction with ‘‘a syndrome of Graham and his colleagues at the Harvard cerned about his ability to provide for a fair paranoia and neglect.’’ (‘‘Excessive Reports Center for Risk Analysis have been hand- review of regulations that are needed to pro- of Health Risks Examined,’’ The Patriot somely rewarded by industry funders who op- tect workers and the public. If he is con- Ledger, Nov. 28, 1996, at 12.) pose regulations protective of public health firmed, we believe that the development of We are also greatly concerned that Mr. and the environment and have directly bene- important safeguards to protect the health Graham is being considered for this position fited from Dr. Graham’s work. These rela- and safety of workers across the country given the Harvard Center for Risk Analysis’ tionships form a disturbing pattern that would be impeded. record of producing reports that strongly makes it very difficult to imagine how Dr. Therefore, the AFL–CIO urges you to op- match the interests of those businesses and Graham could effectively run this office free pose Dr. Graham’s confirmation as Adminis- trade groups that fund them. For instance a of conflicts of interests and with the public trator of the Office of Information and Regu- 1999 Risk Analysis Center report found that view in mind. latory Affairs. banning older, highly toxic pesticides would Dr. Graham’s inherently biased record Sincerely, lower agricultural yields and result in an in- clearly demonstrates that he is not an objec- WILLIAM SAMUEL, crease in premature childhood deaths, be- tive analyst of regulatory policies and would Director, Department of Legislation. cause food production would be hampered. not be a proper choice for this position. We This widely criticized report was funded by therefore strongly urge you to oppose the AMERICAN FEDERATION OF STATE, the American Farm Bureau Federation, nomination of Dr. Graham to be the Admin- COUNTY AND MUNICIPAL EMPLOY- which opposes restrictions on pesticides. istrator of OIRA. EES, AFL–CIO, In 1999, Mr. Graham supported the Regu- Sincerely, Washington, DC, June 7, 2001. latory Improvement Act of 1999 (S. 746). The JOHN H. ADAMS, DEAR SENATOR: On behalf of the 1.3 million late Senator John Chafee, then chairman of President. members of the American Federation of the Senate Environmental and Public Works State, County and Municipal Employees Committee promised to vehemently oppose AMERICAN FEDERATION OF LABOR (AFSCME), I write to express our strong op- this bill due to its omnibus approach to ‘‘reg- AND CONGRESS OF INDUSTRIAL OR- position to the nomination of John D. ulatory reform’’. Under S. 746, regulations GANIZATIONS, Graham, Ph.D. to serve as director of the Of- would have been subject to just the type of Washington, DC, May 17, 2001. fice of Information and Regulatory Affairs cost-benefit analysis and risk assessments Hon. FRED THOMPSON, (OIRA) at the Office of Management and that Mr. Graham advocates, across the Chairman, Senate Committee on Governmental Budget (OMB). board, regardless of the intent of the pro- Affairs, Dirksen Senate Building, Wash- As gatekeeper for all federal regulations, posed regulation. This bill was strongly op- ington, DC. the Administrator of OIRA has an enormous posed by environmental, consumer, and labor DEAR MR. CHAIRMAN: I am writing to con- impact on the health and safety of workers groups. vey the opposition of the AFL–CIO to the and the public. Yet Dr. Graham’s record as For these reasons and more, Mr. Graham’s nomination of John D. Graham, Ph.D. to di- Director of the Harvard Center for Risk appointment to the Office of Information rect the Office of Information and Regu- Analysis demonstrates that he would mini- and Regulatory Affairs within OMB rep- latory Affairs (OIRA) at the Office of Man- mize consideration of worker and public resents a serious threat to public health and agement and Budget (OMB). environmental protections. Please oppose his As Administrator of OIRA, Dr. Graham health in evaluating rulemaking and instead nomination to head OIRA. would be the gatekeeper for all federal regu- rely almost exclusively on considerations of Sincerely, lations. In our view, Dr. Graham, with his economic efficiency. PHILIP F. CLAPP, very strong anti-regulatory views, is simply Dr. Graham’s approach to regulatory anal- President. the wrong choice to serve in this important ysis frequently ignores the benefits of fed- policy making position. eral regulation, indicating that reviews NATURAL RESOURCES DEFENSE COUNCIL, For years as Director of the Harvard Cen- under his leadership will lack balance. His Washington, DC, May 15, 2001. ter for Risk Analysis, Dr. Graham has re- anti-regulatory zeal causes us to question Hon. FRED THOMPSON, peatedly taken the position that cost and whether he will be able to implement regula- Chairman, Senate Governmental Affairs Com- economic efficiency should be a more impor- tions that reflect decisions by Congress to mittee, tant, if not the determinative consideration, establish health, safety and environmental Washington, DC. in settling standards and regulations. He has protections. We are also deeply concerned Hon. JOSEPH LIEBERMAN, argued for the use of strict cost-benefit and that Dr. Graham’s extreme views and close Ranking Minority Member, Senate Govern- cost-efficiency analysis, even though for alliance with regulated entities will prevent mental Affairs Committee, Washington, DC. many workplace safety and environmental the OIRA from providing a fair review of reg- DEAR CHAIRMAN THOMPSON AND RANKING regulations, such analyses are not appro- ulations that are needed to protect workers MINORITY MEMBER LIEBERMAN. I am writing priate or possible or are explicitly prohibited and the public. on behalf of the over 400,000 members of the by the underlying statute. If Dr. Graham’s For the foregoing reasons, we urge you to Natural Resources Defense Council to make views dictated public policy, workplace regu- oppose Dr. Graham’s confirmation as Admin- clear our strong opposition to the nomina- lations on hazards like benzene and cotton istrator of the Office of Information and Reg- tion of Dr. John D. Graham to direct the Of- dust would not have been issued because the ulatory Affairs. fice of Information and Regulatory Affairs benefits of these rules are hard to quantify Sincerely, (OIRA) in the Office of Management and and are diminished because they occur over CHARLES M. LOVELESS, Budget. We encourage you to very carefully many years. Similarly, regulations per- Director of Legislation.

VerDate 19-JUL-2001 05:50 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.036 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7923

INTERNATIONAL UNION, UNITED safeguards administered by the federal regu- UFCW, AUTOMOBILE, AEROSPACE & AGRI- latory agencies. In 1996, Graham told an au- Washington, DC, June 28, 2001. CULTURAL IMPLEMENT WORKERS dience at the Heritage Foundation that ‘‘en- Hon. JOSEPH I. LIEBERMAN, OF AMERICA—UAW, vironmental regulation should be depicted as U.S. Senate, Washington, DC, May 11, 2001. an incredible intervention in the operation Washington, DC. Hon. FRED THOMPSON, of society.’’ DEAR SENATOR LIEBERMAN: On behalf of the 1.4 million members of the United Food and Chair, Committee on Governmental Affairs, Graham has repeatedly advocated for Commercial Workers International Union U.S. Senate, Washington, DC sweeping regulatory rollback bills that DEAR CHAIRMAN THOMPSON: On May 17, (UFCW), I am writing to express our opposi- would trump the statutory mandates of all 2001, the Committee on Governmental Af- tion to President Bush’s nomination of John the regulatory agencies. He would also im- fairs is holding a hearing on the nomination D. Graham, Ph.D., to head the Office of Man- pose rigid, cost-benefit analysis criteria well of John Graham to head the Office of Infor- agement and Budget’s Office of Information beyond that which has been used in previous mation and Regulatory Analysis of the Of- and Regulatory Affairs (OIRA). administrations, virtually guaranteeing that fice of Management and Budget. On behalf of As Administrator of OIRA, Dr. Graham many new regulations will fail to see the 1.3 million active and retired UAW members would be the gatekeeper for all federal regu- light of day. Moreover, his special White and their families, we urge you to oppose the lations, including those dealing with envi- House clearance procedures may make it nomination of John Graham. In this critical ronmental protection, workplace safety, food likely that virtually any agency response to job, he would oversee the promulgation, ap- and drug safety, and consumer safety. He has public health hazards, such as the Surgeon proval and rescission of all federal adminis- consistently viewed cost-benefit analysis as General’s pronouncements on the dangers of trative rules protecting public health, safe- the determinative criteria in deciding tobacco use, will not be made. At OMB, ty, and the environment as well as those whether a rule goes forward—a position that Graham would undoubtedly be the new mas- concerning economic regulation. We believe is frequently at odds with congressional ter of ‘‘paralysis by analysis.’’ his extreme positions on the analysis of pub- mandates that place public health consider- lic health and safety regulations render him Grahm has represented himself as a neu- ations as the preeminent factor in rule-mak- unsuited for this job. tral academic ‘‘expert’’ from the Harvard ing deliberations. In addition to our concerns The UAW strongly supports Occupational School of Public Health when testifying be- regarding the fairness of Dr. Graham, we Safety and Health Administration standards fore Congress and speaking on risk issues to have strong concerns about his extreme to protect against workplace hazards. We are the media. In fact, as our investigative re- versions of regulatory reform, which the also concerned about clean air, clean water, port indicates, his Harvard-based Center ac- Senate has considered but never approved toxic waste, food, drug and product safety, cepts unrestricted funding from over 100 and which we sought to defeat. and consumer protection rules. The OIRA major industrial, chemical, oil and gas, min- Furthermore, we are also concerned with serves as the gatekeeper for these standards ing, pharmaceutical, food and agribusiness Dr. Graham’s close ties to industry. As Di- and rules as well as for government collec- companies, including Kraft, Monsanto, rector of the Harvard Center for Risk Anal- tion of information on which to base public Exxonmobil, 3M, Alcoa, Pfizer, Dow Chem- ysis, he has received financial support from health protections. ical and DuPont. more than 100 corporations and trade asso- The Harvard Center for Risk Analysis, As just one example of the connections be- ciations over the last 12 years. At the same which John Graham founded, has been the tween his funding and his agenda, in the time, Dr. Graham has produced numerous re- academic center for the deconstruction of early 1990s Graham solicited money for his ports, given testimony, and provided media our public health structure. Mr. Graham and activities from Philip Morris, while criti- commentary that directly benefited those his colleagues have advocated the full range cizing the Environmental Protection Agen- who have funded the Center, which include of obstruction of new public protections: cy’s conclusion that second-hand smoke was food processors, oil and chemical companies, cost-benefit, cost-per-lives saved, compara- a Class A carcinogen. In short, Graham has and pharmaceutical industries. In addition, tive risk analysis, substitution risk, and so- long fostered deep roots throughout an en- many of these companies have staunchly op- called ‘‘peer review’’ which would give regu- tire network of corporate interests that are posed new regulatory initiatives and have lated industries a privileged seat at the table hostile to environmental and public health been leading proponents of extreme regu- before the public could comment on a rule. protections, who would expect to call upon latory reform. Dr. Graham’s track record does not dem- Mr. Graham has testified before Congress in his sympathy at OIRA. favor of imposing such obstacles on all pub- onstrate the sort of objectivity and dis- lic health agencies and all public health A major area of controversy between Con- passionate analysis that we should expect laws. His academic work is entirely in sup- gress and the Reagan and Bush I administra- from the next OIRA Administrator. Given port of this agenda as well. tions concerned the use of back channels in his extreme views on regulatory policy, and It already takes decades to set a new the OIRA office by major corporations and his close ties with the regulated commu- OSHA standard. Our members and their fam- trade associations to delay, eviscerate or nities, we are deeply concerned about his ilies need stronger public health protections, block important public health protections ability to provide for a fair review of regula- and Mr. Graham has demonstrated his oppo- that federal agencies had promulgated fol- tions that are needed to protect workers and sition to such protections. We are concerned lowing Congress’ statutory authorization the public. that, with Mr. Graham as the head of OIRA, and open government procedures. The head For these reasons, the UFCW urges you to public health and safety regulations will be of OIRA should be an honest broker, review- oppose confirmation of John D. Graham, further delayed, protections on the book now ing regulatory proposals from federal agen- Ph.D., as Administrator of the Office of In- will be jeopardized, and the interests of cies and deferring to agency expertise on formation and Regulatory Affairs. workers and consumers will not be given most scientific and technical matters. Invit- Sincerely, adequate weight. ing Graham to head that office, given his DOUGLAS H. DORITY, For these reasons, we urge you to vote close connections to broad sectors of the reg- International President. against the nomination of John Graham to ulated industries, would signal a return to head OIRA. back-door intervention by special interests. U.S. PUBLIC INTEREST Sincerely, We urge you to read the attached report RESEARCH GROUP, ALAN REUTHER, detailing Graham’s shoddy scholarship and Washington, DC, June 13, 2001. DEAR SENATOR: The U.S. Public Interest Legislative Director. obeisance to his corporate funders, and to Research Group (U.S. PIRG), as association vigorously oppose his nomination to OIRA. of state-based organizations that are active PUBLIC CITIZEN, As a start, Congress should request full ac- in over 40 states, urges that you oppose the Washington, DC, March 13, 2001 cess to Graham’s and the Harvard Center for nomination of Dr. John Graham to the Office Hon. FRED THOMPSON, Risk Analysis’ funding records and records of Management and Budget’s Office of Infor- U.S. Senate, Washington, DC. as to speaking and consulting fees from the DEAR MR. CHAIRMAN: Shortly, the Senate mation and Regulatory Affairs (OIRA), and industries that he could not be charged with will consider the nomination of John that you support closer scrutiny of his suit- regulating. Graham for a position as the regulatory czar ability to lead OIRA. As Administrator of at the head of the Office of Information and Graham’s confirmation would constitute a OIRA, Dr. Graham could use a closed-door Regulatory Affairs (OIRA) in the Office of serious threat to our tradition of reasonable process to stop much-needed protections Management and Budget (OMB). We are writ- and enforceable health, safety and environ- prior to any public debate, and to construct ing to call your attention to the threat that mental safeguards, and should be rejected. regulatory procedures that would weaken Graham’s nomination poses to the environ- Sincerely, consumer, environmental or public health ment, consumer safety, and public health, JOAN CLAYBROOK, protections contemplated by any federal and to urge his rejection by the committee. President, Public Cit- agency. Graham’s appointment to OIRA would put izen. Dr. Graham has a long history of espousing the fox in charge of the henhouse. His agenda FRANK CLEMENTE, highly controversial and academically sus- is no secret. Over the past decade, Graham Director, Public Cit- pect positions against protections for con- has amply demonstrated his hostility— izen, Congress sumers, public health, and the environment. across the board—to the system of protective Watch. He also has a history of taking money from

VerDate 19-JUL-2001 05:50 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.040 pfrm04 PsN: S19PT1 S7924 CONGRESSIONAL RECORD — SENATE July 19, 2001 corporations with a financial interest in the make. However, it is my responsibility Fortunately, President Bush has topics on which he writes and speaks. Unfor- to consider whether the nominee would nominated an individual who has the tunately, this pattern of soliciting money appropriately fulfill the responsibil- experience, the knowledge and the in- from polluting corporations, taking con- troversial positions that are favorable to his ities of this office; whether I have suffi- tegrity to uphold the mission of OIRA benefactors, and failing to fully disclose con- cient confidence that the nominee and who will be a first-rate Adminis- flict of interests calls into question his fit- would do so to vote to confirm him. trator. ness to be the Administrator of OIRA. Where we are dealing, as we are here, Dr. John Graham is a tenured pro- Dr. Graham’s positions are based on theo- with what I have described as the pro- fessor at Harvard University. He has ries of risk assessment that fall far outside tective role of government, where peo- published widely, has managed the of the mainstream, and in fact, are contrary ple’s safety and health and the protec- Harvard Center for Risk Analysis at to positions taken by esteemed academics and scientists. Widespread opposition to Dr. tion of the environment is on the line, the Harvard School of Public Health, Graham’s nomination from well-respected I approach my responsibility with an and is considered a world-renowned ex- professionals is indicative of his unbalanced extra measure of caution because the pert in the field of risk analysis. approach. Indeed, eleven professors from consequences of confirming a nominee When I was active in the National Harvard (where Dr. Graham is employed) and who lacks sufficient commitment to Governors’ Association, I had the 53 other academics from law, medicine, eco- protecting the public health and safety pleasure of meeting Dr. Graham and nomics, business, public health, political through protective regulations are real hearing his testimony about risk as- science, psychology, ethics and the environ- sessment and cost benefit analysis. He mental sciences drafted letters of opposition and serious to our people and to our to Dr. Graham’s nomination. These experts principles. is, by far, one of the most qualified all concluded that Dr. Graham is the wrong Dr. Graham, in the meetings I have people ever to be nominated for this person to supervise the nation’s system of had with him, appears to me to be an position. regulatory safeguards. honorable man. I just disagree with his As my colleagues know, I served as Overwhelming opposition to Dr. Graham record and worry he will not ade- Governor of Ohio for 8 years. I know reflects deep concern regarding his pattern quately, if nominated, fulfill the re- what it’s like to operate in an environ- of pushing controversial and unsupported ment of scarce resources where tough theories, combined with his failure to dis- sponsibilities of this office. close financial conflicts of interests. In con- So taking all of those factors into ac- choices have to be made on resource al- structing his positions on regulatory affairs, count, I have reached the conclusion location among a state’s various pro- Dr. Graham has employed dubious meth- that I cannot and will not support the grams. odologies and assumptions, utilized inflated nomination of Dr. Graham to be the In many instances, new federal regu- costs estimates, and failed to fully consider Director of OIRA. lations have a habit of costing state the benefits of safeguards to public health, I yield the floor. and local governments tremendous consumers and the environment. Dr. Graham The PRESIDING OFFICER. The Sen- sums of money to implement. That is has used these tools when dealing with the ator from Nevada. why it is so important to have an OIRA media to distort issues related to well-estab- lished dangers, including cancer-causing Mr. REID. Mr. President, I had spo- Administrator who understands the chemicals (such as benzene), the clean up of ken to Senator DURBIN and Senator significance of sound regulations and toxic waste sites (including Love Canal), and THOMPSON. I ask unanimous consent the usefulness of cost-benefit analysis the dangers of pesticides in food. In each in- that all time but for 1 hour on this when determining how federal regula- stance, Mr. Graham’s public statements nomination be yielded back and that tions will be applied to our state and failed to include an admission that he was there be, following the conclusion of local governments. being paid by corporate interests with a fi- that debate, which would be evenly di- As one who was very involved in the nancial stake in rulemaking related to those vided between Senator THOMPSON and development of the passage of the Un- topics. Widespread opposition to Dr. Graham is Senator DURBIN, with Senator THOMP- funded Mandates Reform Act of 1995, I buttressed by the unquestioned need for a SON having the ability to make the believe it is important that the OIRA balanced leader at OIRA. This office is the final speech—he is the mover in this in- Administrator work to encourage agen- gatekeeper of OMB’s regulatory review proc- stance—following that, there will be 1 cies to consult with State and local ess, and dictates the creation and use of ana- hour evenly divided and we will have a governments while developing new lytical methodologies that other agencies vote after that. Federal rules. OIRA is an enforcer of must employ when developing protections Mr. DURBIN. Reserving the right to UMRA and a protector of the principle for public health, consumers, and the envi- object, if I could ask Senator THOMP- of federalism. ronment. In his role as gatekeeper, Dr. Graham will have the ability to stop much- SON, could we agree that in the last 10 It is important that OIRA produces needed protections before they ever see the minutes before debate closes we each accurate cost-benefit analyses for light of day. In his role as director of anal- have an opportunity to speak, with major Federal regulations. For govern- ysis, he will be able to manipulate agency Senator THOMPSON having the final 5 ments, businesses, and those concerned rulemakings—without Congressional ap- minutes? with protecting the environment, accu- proval or adequate public discussion—by Mr. THOMPSON. Yes. I have no ob- rate accounting of the costs and bene- issuing new OMB policies that force other jection. fits of Federal regulations is a critical agencies to conform to his narrow and highly The PRESIDING OFFICER. Does the tool in formulating both public and pri- controversial philosophy. This could result in a weakening of current protections, and a Senator so modify his request? vate decisions. failure to create adequate future safeguards. Mr. REID. Yes. And accurately assessing risks, costs OIRA needs a fair and balanced individual The PRESIDING OFFICER. Is there and benefits is what John Graham has at its helm. A review of Dr. Graham’s record objection? Without objection, it is so done successfully throughout his ca- demonstrates an unmistakable pattern of ordered. reer, and he will bring this experience placing the profits of polluters, over protec- Who yields time? to OIRA as its Administrator. tions for public health, the environment, and Mr. THOMPSON. Mr. President, I Given his background and his years consumers. In the interests of balance and yield 8 minutes to the Senator from of experience, I am confident that Dr. accountability, we urge you to oppose Dr. Graham’s nomination, and to support on- Ohio. Graham will bring a reasoned approach going Congressional efforts to carefully scru- Mr. VOINOVICH. Mr. President, I to the federal regulatory process. tinize his record. rise today to wholeheartedly support Dr. Graham is widely respected and Sincerely, the nomination of Dr. John Graham to his nomination has received support GENE KARPINSKI, be Administrator of the Office of Infor- from many of his colleagues and public Executive Director. mation and Regulatory Affairs within health officials at Harvard, from nu- Mr. LIEBERMAN. As a Senator re- the Office of Management and Budget. merous business groups, from dozens of viewing a President’s nominee, exer- I view the Office of Information and academics, from labor unions such as cising the constitutional advice and Regulatory Affairs, or, OIRA, as a key the International Brotherhood of Boil- consent responsibility we have been office in the Federal Government. It is ermakers and from environmental ad- given, I always try not to consider charged, among other things, with en- vocates such as former Environmental whether I would have chosen this suring that cost-benefit analyses are Protection Agency Administrator Wil- nominee because it is not my choice to completed on major Federal rules. liam Reilly.

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.044 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7925 Robert Litan, a Democrat who heads Moreover, John Graham and the Har- weigh that in a rational way and decide economic studies for the Brookings In- vard Center for Risk Analysis have fi- whether to get off the wall. That is stitution, has said that Graham ‘‘is the nancial disclosure policies that go be- cost-benefit analysis. most qualified person ever nominated yond even that of Harvard University. In reality, what Dr. Graham’s oppo- for the job.’’ The Harvard Center for Risk Anal- nents object to is rationality. That is John Graham is so well-qualified for ysis has a comprehensive disclosure what they object to. If there is a gar- this job that the last five OIRA admin- policy, with the Center’s funding bage dump in the middle of the desert istrators, Democrats and Republicans sources disclosed in the Center’s An- that no one has been close to in 50 alike, wrote to the Governmental Af- nual Report and on their Web Site. years, they object to the fact that fairs Committee on May 3rd, saying You just turn on your computer, get someone will stand up and say, ‘‘We that ‘‘We are confident that [John in their Web site, and it is all there for could probably do more for child safety Graham] is not an ‘opponent’ of all reg- everyone to see. They do not hide one by improving traffic safety, by buying ulation but rather is deeply committed thing. helmets for people who ride bicycles to seeing that regulation serves broad If reporters, activists, or legislators than by going out in the desert and public purposes as effectively as pos- want to know how the Harvard Center digging up this garbage dump.’’ sible.’’ is funded, the information is publicly They object to that statement be- These five individuals know what it available. It is well known that the cause it is rational. And they are not takes to be an effective Administrator Harvard Center has substantial support rational. They want to dig up that gar- because they have done the job them- from both private and public sectors. bage dump not because it makes sense selves. In their view, Dr. Graham has The Harvard Center also has an ex- in a society with limited resources, not the skills and he has the qualifications plicit, public conflict-of-interest pol- because it is a better use than sending to be a responsible steward of the pub- icy, and as for Dr. Graham, he has a kids from poor neighborhoods to Har- lic interest. personal policy that goes beyond even vard University—a better use of money I agree with their assessment. Harvard’s as he does not accept per- than that—but it is because it is their John Graham makes objective anal- sonal consulting income from compa- cause. yses. He throws the ball right over the nies, trade associations, or other advo- Let me also say there is something plate, contrary to what some of my cacy groups. very wrong with the idea that someone colleagues have said about his record We should publicly thank individuals who takes the scientific approach is this evening. Dr. Graham has a distin- such as Dr. Graham who are willing to dangerous in terms of setting public guished record. He makes well-rea- serve our Nation, even when they are policy. It seems to me that you can soned judgments about the use of pub- put through our intense nomination agree or disagree with the finding, but lic resources. the fact that somebody tries to set out For example, Dr. Graham has sup- process. I know this has been very hard systematically what are the benefits of ported additional controls on outdoor on his family. particulate pollution while also high- As my mother once said, ‘‘This too an action, and what are the costs of an lighting the need to give some priority will pass.’’ action, and puts those before the public I am sure my colleagues will see to indoor air quality. in a public policymaking context—how The American Council on Science through the smokescreen that is being can society be the loser from that? It and Health has stated that ‘‘the com- put out here this evening by some of seems to me society must be the win- parative risk methods that Professor my colleagues. ner from that process. Graham and his colleagues have pio- Dr. Graham has answered his critics. Let me make two final points. neered have been particularly useful to It is now time for the Senate to get on First of all, I take strong exception our organization and others in efforts with the business of the people. It is to this criticism, which I think is to- to highlight the health dangers of time to confirm Dr. Graham as the tally unfair, that Dr. Graham, in his smoking.’’ next Administrator of OIRA. center at Harvard University, is some- Maria New of Cornell University The PRESIDING OFFICER. Who how tainted because corporate America Medical School has stated that yields time? is a supporter of that center—along ‘‘Graham has dedicated his life to pur- Mr. THOMPSON. Mr. President, I with the EPA, the National Science suing cost-effective ways to save lives yield 5 minutes to the Senator from Foundation, the Center for Disease (and) prevent illness. . . .’’ Texas. Control, the Department of Agri- According to Cass Sunstein, a Pro- The PRESIDING OFFICER. The Sen- culture, and numerous other sources of fessor at the University of Chicago Law ator from Texas. funding. Where do you think money School, ‘‘. . . [Graham] is seeking to Mr. GRAMM. Mr. President, I wanted comes from? Who do you think sup- pave the way toward more sensible reg- to come over and speak on this nomi- ports the great universities in Amer- ulation, not to eliminate regulation. In nation for several reasons. ica? Corporate America supports the fact [Graham] is an advocate of envi- One, OIRA is an office I know some- great universities. ronmental protection, not an opponent thing about. My wife held this position I have to say, I think there is some- of it.’’ during the Reagan administration. It is thing unseemly about all these self-ap- And the American Trauma Society a very powerful position. It is the M in pointed public interest groups. I always has concluded that, ‘‘Graham cares OMB. If there is one position in Gov- tell people from my State: Anybody in about injury prevention and has made ernment where we want someone who Washington who claims to speak for many important and significant con- understands cost-benefit analysis and the public interest, other than I, be tributions to the field of injury con- who is committed to rationality, it is suspicious. But these self-appointed trol.’’ at OIRA. public interest groups, where do they Before I conclude, I would like to As I have listened to Dr. Graham’s get their money from? They don’t tell raise one other point about John Gra- critics, it strikes me that, first of all, you. You don’t know where their ham’s nomination. there is a broad misunderstanding money comes from. Harvard University There has been strong support for Dr. about what cost-benefit analysis is. tells you, and they are corrupted. All Graham’s nomination from a variety of Cost-benefit analysis is not the dollars of these self-appointed special interest sources. However, there have also been of cost versus the dollars of benefits. groups don’t tell you where their some criticism of Dr. Graham and the Cost-benefit analysis is when you are a money comes from, and they are pure. Harvard Center for Risk Analysis re- kid and you climb over this wall and How does that make any sense? garding their corporate funding. I see your momma comes out and says, Phil, Finally, let me just say I have heard this criticism as totally unfounded. get off that wall; so you weigh, A, you a lot of good speeches in this Senate While some corporate funding has are liable to get a beating if you do not Chamber, and have heard many weak been provided to the Harvard Center, do it; B, you might fall off and break ones, and given some of them, but I what is generally not revealed is the your neck; or, C, Sally is next door and congratulate our colleague, Senator fact that Federal agencies also fund Dr. might see you on the wall and figure LEVIN. Senator LEVIN is one of our Graham’s work. that you actually are cool. And you smartest Members in the Senate. I

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.025 pfrm04 PsN: S19PT1 S7926 CONGRESSIONAL RECORD — SENATE July 19, 2001 have often heard him make very strong We asked him the same question at ered this evening, he did not know it. statements, but I have never heard him the hearing. He took the same position. So what minor job does he want in the better than he was tonight. I think He backed off a little bit, but he does Bush administration? The last word at there has been no finer debate in this not believe that pesticides on food the OMB on rules and regulations on Senate Chamber, certainly in this Con- present a health hazard. the environment and public health and gress, than CARL LEVIN’s statement to- Let’s look at the other side of the safety. That is why I oppose his nomi- night. It was a defense of rationality. ledger. You decide whether these peo- nation. That is what this debate is about. ple are credible people or whether, as I at this point am prepared to yield The opposition to Dr. John Graham the Senator from Texas has suggested, the floor to the Senator from Massa- of Harvard University is opposition to they have their own special interest at chusetts. I do not know if there will be rationality in setting public policy, be- stake. a request at this point from the Sen- cause there are many people who be- Here is one. Here is a really special ator from Nevada, but I yield the floor. lieve—I do not understand it, but they interest group, the National Academy The PRESIDING OFFICER. The Sen- believe it—that there are some areas of Sciences. They released a study enti- ator from Nevada. where rationality does not apply, that tled ‘‘Pesticides in the Diets of Infants Mr. REID. Mr. President, I have spo- rationality should not apply in areas and Children’’ in 1993. They concluded: ken to Senator THOMPSON. The Senator such as the environment and public Changes needed to protect children from from Massachusetts wishes to speak for safety. I say they should because the pesticides in diet. up to 15 minutes. The way we have world operates on fixed principles and Not John Graham, the gatekeeper for been handling this is, whatever time is we need to understand it. used on this side would be compensated The PRESIDING OFFICER (Mr. the rules of public health in America, on the other side. So I ask unanimous CORZINE). The Senator’s time has ex- he doesn’t see it; the National Acad- consent for an additional 15 minutes pired. emy of Sciences does. Mr. GRAMM. I appreciate the Chair’s Take a look at Consumers Union. I for this side. And for the information indulgence. read the Consumers Union magazine. I of everyone, maybe everyone will not I yield the floor. think it is pretty credible. And they go use all the time because there are peo- The PRESIDING OFFICER. Who straight down the center stripe. They ple waiting around for the vote. But I yields time? tell you about good products and bad ask unanimous consent there be an ad- The Senator from Illinois. ones. That is why they are credible and ditional 30 minutes for debate on this Mr. DURBIN. Mr. President, I have we buy their magazines. matter, equally divided. listened very carefully to the defenders In their report of February 1999 enti- The PRESIDING OFFICER. Is there of John Graham this evening. I listened tled ‘‘Do You Know What You’re Eat- objection? very carefully to CARL LEVIN, the Sen- ing,’’ they said: Without objection, it is so ordered. ator from Michigan. I respect him very There is a 77% chance that a serving of The Senator from Massachusetts. much. It is a rare day when Senator winter squash delivers too much of a banned Mr. KERRY. Mr. President, I thank CARL LEVIN and I disagree on an impor- pesticide to be safe for a young child. the distinguished majority whip and tant issue such as this, but we do dis- Well, obviously, the Consumers the Senator from Tennessee for his agree. Union knows nothing about risk anal- courtesy. I will try not to use all that Senator LEVIN, Senator VOINOVICH, ysis. They don’t understand John Gra- time. I cannot guarantee it. Senator GRAMM, and others have come ham’s idea of the world, his scientific I obviously rise to discuss the nomi- to this Chamber and have talked about revolution, his paradigm. nation of John Graham. Having served the fact that when you enact a rule or John Graham said: Pesticides on now for a number of years as chairman regulation in America to protect public food? Virtually nonexistent as a health or ranking member, in one role or the health or the environment or workers’ problem—not to the Consumers Union. other, of the Committee on Small Busi- safety, you should take into consider- ness, I have watched firsthand and lis- ation the cost of that rule. I do not They got specific: Winter squash, young children, 77-percent chance that tened firsthand to the frustration of a argue with that at all. You cannot great many business owners dealing argue with that. There has to be some they will have a serving of pesticide they should not have in their diet. with Federal regulation. I think all of rationality, as the Senator from Texas us have heard these arguments at one says, between the rule and the per- How can a man miss this? How can John Graham, who has spent his pro- time or another. ceived protection and result from it. I have obviously also witnessed, as I do not quarrel with the fact that fessional life in this arena, miss this? This is basic. And he wants to go to many of you have, how needlessly com- John Graham is capable of under- plex and redundant regulations can sti- standing the value of a dollar. What I OMB and decide what the standards will be for pesticides in food for your fle economic growth and innovation quarrel with is the question of whether and also how regulation that was de- he is capable of understanding the kids, my grandson, and children to signed for a large corporate entity is value of sound science and the value of come, for generations? often totally incompatible with small human life. That is what this is all Do you wonder why I question wheth- firms. about. When you make this mathe- er this is the right man for the job? Always the intention of the under- matical calculation—which he makes Here is the last group—another ‘‘spe- lying rule or law is sound, whether it is as part of his daily responsibilities at cial interest’’ group—the Environ- protecting the environment or public his center for risk studies; he can make mental Protection Agency. Here is that mathematical calculation; I am what they said: health or worker safety or consumers, but too often the implementation be- sure he can; we can all make it—the EPA’s risk assessment showed that methyl question is, What do you put into the parathion could not meet the FQPA [Food comes excessive, overzealous, onerous, calculation? Quality Protection Act] safety standard. . . . restrictive and, in the end, it is harm- Let me give you an example. People The acute dietary risk to children age one to ful. have come to this Chamber to defend six exceeded the reference dose (or amount Recognizing this problem, I have sup- John Graham, but very few of them that can be consumed safely over a 70-year ported a range of efforts to ensure that have tried to defend what he has said lifetime) by 880%. regulations are reasonable, cost effec- on the record throughout his public ca- Methyl parathion—this was applied tive, market based, and business reer. to crops in the field. After we came out friendly. In particular, I supported the Here he is quoted in a magazine with this protective legislation, they Regulatory Flexibility Act and the called Priorities, in 1998: had to change its application so it did Small Business Regulatory Enforce- The evidence on pesticide residues on food not end up on things that children ment Fairness Act. Since its passage, as a health problem is virtually nonexistent. would consume. the RFA has played an increasingly It’s speculation. The EPA knew it. The National important role in protecting our Na- John Graham, in 1998: Pesticides on Academy of Sciences knew it. The Con- tion’s small businesses from the unin- food as a health problem is virtually sumers Union knew it. But John tended consequences of Government nonexistent; speculation. Graham, the man who is being consid- regulation.

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.079 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7927 Additionally, with the passage of guise of reform, to actually be able to iels has already signaled the amount of SBREFA, small businesses have been undermine the laws that they objected increased power that Dr. Graham will given valuable new tools to help ensure to in the first place. That is how soci- have over his predecessor in the Clin- that their special needs and cir- ety can be a loser, a big loser. ton administration. cumstances are taken into consider- In point of fact, what came to us Let me give an example of one of the ation. The RFA and SBREFA, if used called the Comprehensive Regulatory ways this would have an influence. The as intended, work to balance the very Reform Act was, in fact, the planks of way in which these rules can be obvi- real need of our Federal agencies to the Contract with America, cham- ously skewed to affect things is clear promulgate important and needed reg- pioned by Speaker Newt Gingrich, that in the work that we have already seen ulations with those of small business began with the premise that they of Dr. Graham. For instance, his ap- compliance costs. They can differ sub- wanted to undo the Clean Water Act al- proach to risk assessment and cost- stantially from those of large business together. When we looked at this act benefit analysis, in my judgment, has cousins. and began to read through it very been weighed, if you look at it care- The Small Business Administration closely, we learned that what was pur- fully, against a fair and balanced judg- reports that these laws I just men- ported to be a straightforward attempt ment of what also ought to be meas- tioned have saved over $20 billion in to streamline the regulatory process ured about public health and environ- regulatory compliance costs between and ensure that Federal and private mental protection itself. 1998 and 2000 alone without sacrificing dollars were spent efficiently and to For instance, he focuses on the age of needed safeguards. consider the costs as well as benefits of a person saved by a particular safe- On the other side of the ledger, Federal safeguards, while that may guard. In doing so, he argues that the though, I also believe very strongly have been the stated purpose, that life of an elderly person is inherently that the Federal Government has a re- would not have been the impact of that less valuable than that of a younger sponsibility to protect the environ- legislation. person and thus less worthy of protec- ment, public health, consumers, and In fact, I stood on the floor of the tion. workers. It was 6 years ago that I Senate with a group of colleagues who Now, I don’t know how many Ameri- joined with others in the U.S. Senate defined those differences, and we cans want to make a judgment about to oppose the enactment of a bill that stopped that legislation. It would have their family, their grandmother, or was incorrectly called the Comprehen- upended Federal safeguards impacting grandfather on that basis. But if you sive Regulatory Reform Act, a bill clean air, clean water, public health, weight it sufficiently, you could come out with a judgment on cost that clear- which, for many of us who looked at it workers, air travel, cars, food, medi- ly diminishes the level of protection. closely and examined what were good cine, and potentially every other area In addition to that, you make a judg- intentions, we determined would have regulated for the common good. undermined important Federal protec- It did this by creating a complex ment that people who die in the future are deemed less valuable than people tions. scheme of decisional criteria, cost-ben- who die in the present. I listened to the Senator from Texas efit analysis, and judicial review that The doctor has neglected benefits a moment ago ask how society can be skewed the entire process away from from avoided injury alone, such as the the loser for looking at cost-benefit. I the balance that we tried to seek in the prevention after nonfetal adverse support looking at cost-benefit. I sup- regulatory reform that many of us health effects or ecological damage. port looking at the least-intrusive, have talked about. These are things many of us believe most effective, least-cost solution to a I am in favor of regulatory reform. ought to be weighted as a component number of enforcement measures which Do I believe there are some stupid envi- in the balance, and they are not. That we seek to put in place. ronmental laws that have been applied is how you wind up skewing the con- But to answer the question of the in stupid ways by overzealous bureau- sequences. Senator from Texas, how can society crats? The answer is yes, I do. Does it I am not telling you that it is inher- be a loser, the answer is very simple. make sense to apply exactly the same ently wrong, if you want to make a Society can be a loser when people clean air standard of a large power- hardnosed statistical judgment, but I bring you a bill such as the Com- plant to smaller entities, and so forth? am saying that when the value of life, prehensive Regulatory Reform Act I think most people would agree there health, and our environment are dis- that pretended to do certain things but are ways to arrive at a judgment about counted too far, then even reasonable actually, both in intent and effect, cost and analysis that is fair. protections don’t have a prayer of pass- would have done an enormous amount In working on that legislation, I saw ing muster under any such analysis. of damage to the regulatory scheme. how the regulatory process under the I am concerned that Dr. Graham’s The reason society can be a loser, in guise of regulatory reform can be preferred methodology in this area, answer to the question of the Senator weakened to the point that the laws of such as comparative risk analysis, from Texas, is that if you apply the the Congress that we have enacted to would make it extraordinarily difficult wrong standards, if you apply the protect the public would be effectively for a new generation of safeguards to wrong judgments about how you make repealed. It is partly because of the be approved under his or anybody else’s your cost analysis, you can completely work that I did at that time that I join tenure. skew that analysis to obliterate the in- my colleague from Illinois and others. In addition, Dr. Graham made his terests of health, of the environment, I congratulate my colleague from Illi- views known on a range of issues, and of workers, and of consumers. nois for his steadfast effort. We know it is apparent that if the past is a prel- Some of my colleagues may have for- where we are on this vote, but we also ude to the future, he would be hostile gotten that there are people in the know where we are in what is at stake. to a number of important public safe- Senate and the House of Representa- I have serious concerns with this guards. For example, he argued against tives who voted against the Clean Air nomination because during that period the EPA’s determination that dioxin is Act, who voted against the Clean of time, this nominee strongly sup- linked to serious health problems—a Water Act, who voted against the Safe ported and helped draft the regulation hypothesis that EPA’s Deputy Assist- Drinking Water Act. There are people that I just described and other omnibus ant Administrator for Science called who have voted against almost every regulatory rollback measures that I ‘‘irresponsible and inaccurate.’’ Those single regulatory scheme that we seek strongly opposed in the 104th Congress. are the words of the Deputy Adminis- to implement in the interest of pro- As Administrator, Dr. Graham will trator of EPA. tecting clean water, clean air, haz- be in a position to profoundly impact a In 1999, Dr. Graham’s center pub- ardous waste, and a host of others. wide range of issues and to execute ad- lished a report funded by the American There has long been a movement in ministratively some of the failed pro- Farm Bureau Federation that con- this country by those people who have posals that he has supported previously cluded that banning certain highly most objected to those regulations in legislatively. toxic pesticides would actually in- the first place to create a set of cri- We all understand what this office is. crease the loss of life because of disrup- teria that empower them, under the We understand that OMB Director Dan- tions to the food supply caused by a

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.082 pfrm04 PsN: S19PT1 S7928 CONGRESSIONAL RECORD — SENATE July 19, 2001 shortage of pesticides to protect crops. Mr. DURBIN. I say to the Senator cinogen, but also I would put it in the cat- If anybody thinks that is an analysis from Tennessee, I don’t know if a UC is egory of a likely anti-carcinogen. on which we ought to base the denial of necessary, but I would be prepared to Where did he say that? Was that a regulations, I would be surprised. reduce the amount of remaining time if casual statement that someone picked However, the report also ignored he will join me. I suggest—and he can up on a tape recorder? No. It was a readily available, safer substitutes. Dr. amend it if he would like—that we ask statement to the EPA Science Advi- Graham’s center concluded that the unanimous consent that we each have sory Board on November 1 and 2 of the EPA overestimated the benefits of 10 minutes and I am given 5 minutes to year 2000. John Graham, gatekeeper, clean air protections because most close and you are given 5 minutes to rules and regulations, protecting acute air pollution deaths occur among close. Unless you have other speakers, American families from health risks— elderly persons with serious pre- I would like to make that request. he thinks dioxin, the most dangerous existing cardiac respiratory disease. Mr. THOMPSON. Reserving the right chemical known to man, a known car- Under Dr. Graham’s approach, the ben- to object, I ask my friend, are you sug- cinogen, actually stops cancer. efits would be lowered to reflect his gesting a total of 15 minutes on each Let’s see what others have said. view that older citizens are worth less side? The National Institutes of Health: in raw economic terms. Mr. DURBIN. Yes. ‘‘Dioxin is a known human car- Dr. Graham’s center issued a study Mr. THOMPSON. I have no objection. cinogen.’’ funded by AT&T Wireless Communica- The PRESIDING OFFICER. Without EPA: ‘‘The range for cancer risk indi- tions that argued against a ban on objection, it is so ordered. cates about a ten-fold higher chance using cellular phones while driving. An Mr. DURBIN. Mr. President, as I un- than estimated in EPA’s earlier assess- independent 1997 study published in the derstand it, if we can keep to the time ment, in terms of the damage and dan- New England Journal of Medicine we have agreed to, in about a half hour ger.’’ found that the risk of car crashes is we should reach a vote. I also thank EPA: ‘‘The promulgation of this the- four times greater when a driver uses a my colleague from Massachusetts, Sen- ory— They are referring to the statement cell phone. ator KERRY, for joining me in opposing In 1995, while debating the merits of by Mr., Dr., Professor John Graham. this nomination. ‘‘The promulgation of this theory the Comprehensive Regulatory Reform I will tell you about dioxin. I am not Act, I said then that I was prepared to that dioxin is an anti-carcinogen hy- a scientist, and I don’t pretend to be. I pothesis is irresponsible and inac- embrace a legitimate effort to stream- am a liberal arts lawyer who has prac- line and improve the regulatory proc- curate.’’ ticed politics and political science for a That John Graham, whom President ess. We worked very hard to find a long time. But let me tell you what I compromise to do that. I believe that Bush’s wants to put in a position to have learned about dioxin. judge questions of public health and with SBREFA and other measures we Dioxin is a highly toxic and deadly have made good progress. I still believe safety, who has said on the record and chemical. According to the National he acknowledges he is not a chemist, we can make more progress. But I am Toxicology Program at the National deeply concerned that the record sug- not a biologist, he is not a toxicologist, Institutes of Health, dioxin is the not a medical doctor, could stand be- gests this balance that we look for, ‘‘most toxic manmade chemical which we want to be sensitive and fair, fore the EPA’s Science Advisory Board known.’’ It is not just very toxic—ex- and tell them dioxin could stop cancer would be absent with this nominee. tremely toxic—it is the most toxic In closing, let me acknowledge the is almost incredible. It is incredible he chemical human beings know how to fact that Dr. Graham is from my home would be nominated for this job after create. It is not manufactured delib- State of Massachusetts. My office has he said it. That is what we face this erately. There are no commercial uses been contacted by residents who sup- evening. for it. It is a waste product, a contami- port and residents who oppose this People have come before us and said nant, the most deadly manmade toxic nomination. I have deep respect for it is all about measuring the dollar chemical in existence. And astonish- many of those who took the time to value of rules and regulations with the ingly, small amounts of dioxin can kill discuss this with me and my office. I risk involved. Let me repeat, I do not people and animals. am grateful for friends of mine and quarrel with that premise, but I do be- One of the insidious features of friends of Dr. Graham’s who have sug- lieve the person making the measure- dioxin is your body accumulates it, and gested that I should vote for him. I ment should be engaged in sound over time it can reach a toxic level. note that I was contacted by several science, and in this situation we have a individuals from Harvard University, The World Health Organization and the man with advanced degrees in public which is home to Dr. Graham’s center. NIH brand it as a ‘‘human carcinogen.’’ policy who goes around telling us that I heard both points of view. I thank If a man came before us and asked to dioxin, the most dangerous chemical each and every person who took the be in charge of the OMB, which rules created on the Earth, can cure cancer. time to contact my office. I intend to on safety for the public health and en- I do not know how we can really look cast my vote absolutely not on per- vironmental standards of chemicals at that statement and this nomination sonal terms at all but exclusively on and pesticides and residues, you would and ignore the simple fact. Why would the experience I had with the Com- think there would be no doubt in his he say things such as that? Because he prehensive Regulatory Reform Act and mind about the danger of dioxin. There has made his life work representing based on what I believe is an already- doesn’t seem to be a doubt in the minds corporate interests, industries, and declared intention and a declared will- of any credible scientist. manufacturers who want to reduce the ingness of this administration to dis- John Graham, the man we are con- standards when it comes to environ- regard important safeguards with re- sidering this evening, not only doesn’t mental protection. He has been in spect to the environment. question the toxicity of dioxin; he ac- States such as Louisiana, Alabama, I would like to see a nominee who tually thinks it has medicinal quali- and Maine testifying on behalf of one has a record of a more clear balance, if ties. Let me read what John Graham, of his major clients, the paper indus- you will, in the application of those the nominee before us this evening, has try—which, incidentally, discharges laws. I thank the Chair for the time, said about dioxin, the most dangerous dioxin from paper mills—saying you and I thank my colleagues. chemical created by the human race should not be that concerned about The PRESIDING OFFICER. The known today: dioxin. He is a chorus of one in that be- Chair recognizes the Senator from Illi- It’s possible that measures to reduce cur- lief. nois. rent average body burdens of dioxin further Thank goodness the State of Maine Mr. DURBIN. Mr. President, how could actually do more harm for public rejected his point of view and said that much time remains on both sides? health than good. they would have zero tolerance for The PRESIDING OFFICER. The Sen- That is interesting. Then he goes on dioxin, despite John Graham’s argu- ator from Illinois controls 25 minutes. to say: ments to the contrary. The Senator from Tennessee has 31 I think there would be also merit in stat- In his testimony for these companies, minutes. ing not only that TCDD (dioxin) is a car- Graham stated:

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.084 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7929 Based on a comparison of breast cancer Greatly overestimating the costs of Mr. President, we are wading in way screening programs and other cancer preven- preventing leukemia caused by expo- over our heads in criticizing Dr. tion programs, dioxin standards ‘‘would be a sure to benzene in gasoline while ac- Graham for his scientific analysis poor investment in cancer prevention.’’ cepting funds from the American Pe- based upon excerpts, based upon false That is what it comes down to. He troleum Institute; characterizations, based upon unfair does not want to get into this argu- Downplaying EPA’s warnings about characterizations of what he has said ment on the merits of dioxin, and can- cancer risk from dioxin exposure while and what he has done, and we will deal cer, other than these few outrageous being supported by several major with some of those. statements. He says there is a better dioxin producers, including inciner- Again, I wonder if there is any sem- way to spend the dollars. In Maine and ator, pulp, and paper companies; blance of truth of this man who has other States they were trying to decide While simultaneously talking on cell headed up the Harvard Center for Risk what is a safe amount of dioxin that we phones in research underwritten by a Analysis, who has been associated with might release in streams that may ac- $300,000 grant by AT&T Wireless com- Harvard for 15 years, who has received cumulate in the fish or the children munications. the endorsements of Democrats and who eat the fish or the people who Major spokesman before Congress on Republicans alike, who has received drink the water. He could find a way behalf of industries’ ‘‘regulatory re- the endorsements of the last two peo- out for his corporate clients. form’’ agenda, while being supported ple who served in this position, who are Thank goodness the State of Maine by large grants of unrestricted funds from the Clinton administration, who rejected his point of view. The New from chemical, petroleum, timber, to- has received endorsements from some York Times said it came out with the bacco, automobile—automobile—elec- of the foremost authorities in the areas toughest standards in the Nation when tric power, mining, pharmaceutical, it came to protecting the people of involved, who has received endorse- and manufacturing industries. ments from noted scientists from Maine from dioxin contamination. They continue: The same man who said pesticides on around the country, and I wonder why We, the undersigned, faculty members at the dean of academic affairs for the fruits and vegetables were not a public schools of medicine and public health across health hazard, the same man who finds the United States, go to great pains to avoid Harvard School of Public Health would in dioxin some medical merit, wants to criticizing a colleague in public. Indeed, in say that Dr. Graham is an excellent now be the last word in Washington on most circumstances we would rejoice over scientist who has encouraged ration- rules and regulations on safety and the nomination of a fellow public health pro- ality in the regulatory process. public health. fessional for a senior position.... Yet, in I wonder why a professor at Rollins examining the record of John Graham, we School of Public Health would say: Excuse me; I think President Bush are forced to conclude there is such a per- can do better; I think America can do Often these public health issues are ap- sistent pattern of conflict of interest, of ob- proached in a partisan way, but Dr. better, better than this man. scuring and minimizing dangers to human A lot of people have talked about the health with questionable cost-benefit anal- Graham is dedicated to using careful endorsements he received. No doubt he yses, and of hostility to governmental regu- analysis to weigh the costs and bene- has. We received a letter originally lation in general that he should not be con- fits, et cetera. Dr. Hemmingway, direc- sent to Senator THOMPSON on May 17, firmed for the job.... tor of Harvard Injury Control Research 2001, from those who are members of The PRESIDING OFFICER (Mr. DOR- Center: Dr. Graham’s interest is in im- the faculty who work with John GAN). The Chair advises the Senator proving the Nation’s health in the Graham and know of him at Harvard from Illinois he has 5 minutes remain- most cost-effective manner. University, and others who have ing. I am wondering how all these people worked with him in the past. This The Chair recognizes the Senator could be so wrong. You are going to group which signed the letter includes from Tennessee. find people who disagree with anybody, Dr. Chivian, director of the Center for Mr. THOMPSON. I thank the Chair. and I respect that people have dif- Health and the Global Environment at Mr. President, in listening to the ferences of opinion. I wish it were suffi- Harvard Medical School, who shared criticism of Dr. Graham and the im- cient to argue on the basis of those dif- the 1985 Nobel Peace Prize, and the list plicit suggestion that he is a little less ferences of opinion, on the basis of the goes on and on, from Johns Hopkins to than a menace to society and that his science that is involved to the extent the University of Pittsburgh School of opinions are for sale, my first reaction that we can, as nonscientists, but in- Medicine, dean of the School of Public is that it is a very bad reflection on stead of doing that, what we are being Health at UCLA. What do they have to Harvard University that has let this introduced to here is an unfair ren- say about John Graham? kind of individual roam the streets for dition, what I would call basically a It is a cardinal rule of scientific research the last 15 years. They obviously are know-nothing kind of approach to a to avoid at all costs any conflict of interest not aware of what he is doing. very complex series of scientific deci- that could influence the objectivity of one’s It makes me wonder also why a pro- sions with which we are dealing, and findings. This rule takes on added signifi- fessor at the University of Chicago Law placing an unfair characterization on cance in the context of biomedical and pub- School would say ‘‘in emphasizing that them. lic health research, for peoples’ lives are at environmental protection sometimes I guess the one dealt with the most is stake. involves large expenditures for small dioxin. We would be led to believe that For more than a decade, John Graham, Di- gains, Graham is seeking to pave the rector of the Center for Risk Analysis at the Dr. Graham’s statements with regard Harvard School of Public Health and can- way with more sensible regulation.’’ to dioxin are outrageous. Why? Not be- didate for position of Director of the Office I wonder, in listening to why former cause of any scientific knowledge we of Information and Regulatory Affairs at the EPA Administrator Mr. Reilly would have or that has been presented on the Office of Management and Budget, has re- say: Graham would help ensure the floor of the Senate but because every- peatedly violated this rule. Time and again, rules implementing our environmental body knows dioxin is a bad thing. If he Professor Graham has accepted money from laws are as effective and efficient as says any amount of it is not carcino- industries while conducting research and they can be in achieving their objec- genic, he must not know what he was policy studies on public health regulations in tives. talking about. which those same industries had substantial I am wondering in light of this man’s vested interests. Not surprisingly, he has I was looking at the testimony that consistently produced reports, submitted ridiculous notions concerning sci- Dr. Graham gave before our com- testimony to the Congress, and made state- entific matters, matters of chemistry, mittee. He was asked by Senator DUR- ments to the media that have supported in- for example, which we acknowledge we BIN: dustry positions, frequently without dis- do not know anything about—we are Do you believe that exposure to dioxin can closing the sources of his funding. not experts—we criticize him for not increase your likelihood of cancer? They give some examples: being an expert in his area; we criticize Mr. GRAHAM: Thank you for reminding me. Soliciting money from Philip Morris this Ph.D. scientist from Harvard for I think that at high doses in laboratory ani- while criticizing the EPA’s risk assess- not knowing his subject matter, then mals, there is clear evidence that dioxin ment on the dangers of secondhand we launch into a rendition of his defi- causes cancer. smoke; ciencies for his scientific analysis. Then he says:

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.092 pfrm04 PsN: S19PT1 S7930 CONGRESSIONAL RECORD — SENATE July 19, 2001 In humans, I think the database is more ysis. There are certain people in this including the use of cost-benefit anal- mixed and difficult to interpret. country—I am sure their intentions are ysis as a tool in evaluating regulations. With regard to the low levels of noble—who band together, who believe As my colleagues know, the Clinton ad- dioxin not being carcinogenic, I refer all regulations are good by definition; ministration issued an Executive Order to the Science Advisory Board. Their that there should be no questions requiring the use of cost-benefit anal- conclusion is as follows: There is some asked about those regulations; that we ysis to inform regulatory decision- evidence that very low doses of dioxin should not take into account possible making. I have no objections to the use may result in decreases in some ad- costs to society, whether they be tan- of cost-benefit analysis as long as it is verse responses, including cancer, but gible costs in dollars and cents or in- not carried too far. After all, we should can produce other adverse effects at tangible costs; should not take into ac- not implement regulations if the costs the same or similar doses. count whether resources could be bet- of compliance grossly exceed the bene- The Science Advisory Board panel ter used for more significant environ- fits the regulation would produce. It is recommends that the totality of evi- mental problems; should not take into appropriate for cost-benefit analysis to dence concerning this phenomenon account unintended consequences or be one factor, but not the exclusive fac- continues to be evaluated by the agen- any of those things; and that no one tor, in making regulatory decisions. cies as studies become available. should ever bring up anything that Dr. Graham’s testimony indicates that This consensus conclusion by the challenges the common wisdom with he shares this approach. panel is almost exactly in accord with regard to these issues, and we should While I may not agree with Dr. Gra- Mr. GRAHAM’s stated position at the only listen to sciences and promote the ham’s application of cost-benefit anal- public meeting: the other adverse ef- regulations. ysis in every instance, I believe that fects at the very low doses we are talk- When times like this come about, President Bush is entitled, within the ing about are noncancerous. He is try- they band together and pull excerpts bounds of reason, to have someone in ing to be a responsible scientist. together to try to defeat people who this position that shares his approach By placing so much emphasis on the want to bring rationality to the regu- to governing. In my view, Dr. Graham low doses, we, because of the cancer latory process. falls within this criteria. issue, are missing the boat on the non- I think they harm sensible, reason- Mr. SMITH of New Hampshire. Mr. cancer problems that dioxin causes. I able legislation, where moderate, rea- President, I rise in support of the con- don’t have enough time to go into all sonable people certainly want to pro- firmation of John D. Graham to be Ad- of the detail on this, but I think we can tect us, protect this country, and pro- ministrator of the Office of Informa- see how unfair the characterization has tect our citizens, but, at the same tion and Regulatory Affairs. been with regard to this complicated time, know we are not doing our citi- Dr. Graham has been a Professor of issue. We have a counterintuitive situ- zens any favor if we are using our re- Policy & Decision Sciences at the Har- ation that Senator LEVIN pointed out sources in a way not most productive. vard School of Public Health since 1991, with regard to thalidomide. Who would For example, it is proven we have and is the Director of the Harvard Cen- think doctors today would prescribe been spending money on regulations ter for Risk Analysis. Prior to that, he thalidomide under certain cir- pertaining to water, when the real risk was an assistant professor and then as- cumstances? was not being addressed. Some of the sociate professor at Harvard. Graham At a Governmental Affairs Com- money should have been placed else- holds a B.A. in Economics and Politics mittee hearing a couple of days ago, a where in our water program. from Wake Forest University, an M.A. couple of scientists attending from the How much time remains? in Public Affairs from Duke Univer- National Academy of Sciences had just The PRESIDING OFFICER. Four sity, and a Ph.D. in Urban and Public done a study on global warming. They minutes. Affairs from Carnegie-Mellon Univer- pointed out certain aerosols released Mr. THOMPSON. I think that is what sity where he was an assistant pro- into the atmosphere, which we all has happened. It has to be recognized fessor for the 1984–1985 academic year. know is a bad thing, can actually have we make the cost-benefit tradeoffs all Given OIRA responsibility’s for ensur- a cooling effect in the atmosphere. We the time. If we really wanted to save ing that government regulations are are all concerned about global warm- lives at the exclusion of consideration drafted in a manner that reduces risk ing, and this has a cooling effect. Does of cost to society, we would take all without unnecessary costs, Dr. Gra- this mean we need to release a lot of the automobiles off the streets and not ham’s qualifications to head the agen- additional aerosol? Of course not. It allow anybody to drive. We know the cy are unquestionable. does not mean that. It is a scientific examples, I am sure, all of us, by heart. Since his nomination, he has come fact that needs to be taken into consid- Or we would make people drive around under fire for his work at the Harvard eration. in tanks instead of automobiles. Center for Risk Analysis. Some who I am sure, somewhere, if ever nomi- There are tradeoffs we have to make. have opposed Dr. Graham have charged nated for office, their opponents will They need to be done in the full con- that he and the Center have a pro-busi- take that statement from our hearings text of the political discourse by re- ness bias. Typically, those same people yesterday saying that these idiots be- sponsible people with proven records. I who oppose Dr. Graham, also oppose lieve we ought to be releasing aerosols suggest that is the nominee we have the use of comparative risk as one of in the atmosphere because it can have before the Senate. many tools to be used in determining a cooling effect. I hope that does not I yield the floor. environmental policy. That is unfortu- happen. Unfortunately, it is sometimes Mrs. CARNAHAN. Mr. President, the nate, because the use of science and the cost of public service today. Administrator of the Office of Informa- cost/benefit analysis is vital if we are It is pointed out this man is anti- tion and Regulatory Affairs, OIRA, to adequately focus resources on our EPA and that some official somewhere within the Office of Management and most challenging environmental con- at some time in the EPA has disagreed Budget has the important duty of re- cerns. with his assessment. EPA partially viewing the regulations issued by all I believe risk analysis and compara- funded this man’s education. EPA con- Executive Branch agencies. These reg- tive risks give us much needed infor- tracts with him to do work, as we ulations are critical to environmental mation to better understand the poten- speak—not since he has been nomi- protections, worker safety, public tial consequences and benefits of a nated. The center at Harvard has been health, and a host of other issues. I range of choices. We all recognize that hired by EPA to do work. have carefully reviewed the credentials there aren’t enough resources available I should rest my case at that point. of Dr. John Graham for this position to address every environmental threat. Of course, we never do when we should, and his testimony before the Govern- The Federal Government, States, local so I will continue that fine tradition. I mental Affairs Committee. I support communities, the private sector, and do have another point to make, in all Dr. Graham’s nomination to be the Ad- even environmental organizations all seriousness, that is what this is about, ministrator of OIRA. have to target their limited resources which is Dr. Graham has been caught Dr. Graham brings a wealth of expe- on the environmental problems that up in the debate over cost-benefit anal- rience and expertise to this position, present the greatest threat to human

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.095 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7931 health and the environment. Our focus, Graham to be the head of the Office of Shortly after taking office, President therefore, is, and should be, on getting Information and Regulatory Affairs at Clinton responded to this problem by the biggest bang for the limited bucks. the Office of Management and Budget. issuing Executive Order 12866. This Comparative risk is the tool that en- Though I will vote for Mr. Graham, order set up new guidelines for trans- ables us to prioritize the risks to much of the information that has been parency—building on a June 1986 human health and the environment and presented during the nominations proc- memorandum by former OIRA Admin- target our limited resources on the ess to the Governmental Affairs Com- istrator Wendy Gramm—that have greatest risks. It provides the struc- mittee by labor, environmental and helped bring accountability to OIRA. ture for decision-makers to: One, iden- public health organizations and other With my vote for this nominee, I am tify environmental hazards; two, deter- respected academics creates concerns calling for a commitment from him. I mine whether there are risks posed to regarding this nominee and I want to believe that it is essential that he humans or the environment; and three, share my views on the concerns that maintain this transparency, and even characterize and rank those risks. Risk have been raised. strengthen it, in this Administration. managers can then use that analysis to The individual charged with the re- Mr. Graham, having been the center of achieve greater environmental bene- sponsibility to head OIRA will indi- a controversial nominations pro- fits. rectly set the direction of our national ceeding, should be the first to call for Last year, as the Chairman of the policies for our natural resources, labor letting sunshine disinfect OIRA under Environment & Public Works Com- and safety standards. I have tried, as a his watch. mittee, I held a hearing on the role of member of this body, to cast votes and At his confirmation hearing before comparative risk in setting our policy offer legislation that fully reflects the the Senate Governmental Affairs Com- priorities. During that hearing, we importance and lasting legacy of mittee, the new OMB Director Mitch heard how many states and local gov- America’s regulatory decisions. I also Daniels expressed general support for ernments are already using compara- have another tradition to defend and transparency and accountability, but tive risk assessments in a public and uphold. I have committed myself to a refused to endorse specifically key ele- open process that allows cooperation, constructive role in the Senate’s duty ments of President Clinton’s executive instead of confrontation, and encour- to provide advice and consent with re- order. At that time, Mr. Daniels would ages dialogue, instead of mandates. spect to the President’s nominees for only commit to work with the Com- States are setting priorities, devel- Cabinet positions. I believe that the mittee should the Administration de- oping partnerships, and achieving real President should be entitled to appoint cide to alter Executive Order 12866. results by using comparative risk as a his own advisors. I have evaluated Now that President Bush has nomi- management tool. They are using good Presidential nominees with the view nated John Graham as administrator science to maximize environmental that, except in rare of cases, ideology of OIRA, and he is being confirmed benefits with limited resources. I be- alone should not be a sufficient basis to today, this Senate must receive more lieve we should encourage and promote reject a Cabinet nominee. Mr. Graham specific assurances regarding trans- these successful programs. is not a nominee for a Cabinet post. parency and accountability. OIRA is an It is important that this nation have The Office of Management and Budget, extremely powerful office that has the someone like Dr. Graham to lead the OMB, is housed within the Executive power to approve or reject agency regu- OIRA. We must use reliable scientific Office of the President, making Mr. lations. This makes it critical that analysis to guide us in our decision Graham one of the President’s closest OIRA’s decision-making be open to making process when it comes to envi- advisors. I believe that the President public scrutiny. I agree strongly with ronmental regulations. Dr. Graham’s should be accorded great deference by the sentiments expressed in today’s resume and record proves that he is the the Senate on the appointment of this Washington Post editorial: optimal person to head the office that advisor. . . . conflicts of interest must be taken se- will be making many of those deci- During the nominations process, I riously if there is to be any chance of build- sions. Every person, Republican and have been disturbed to learn of the ing support for more systematic cost-benefit Democrat, who has held the position of fears that Mr. Graham will not live up efforts. At a minimum, the experts who OIRA Administrator, except for two to his responsibility to fully imple- carry out these analyses need to disclose ment regulatory protections. I am par- their financial interests (as Mr. Graham’s who are now federal judges and prohib- center did), and analysts with industry ties ited from doing so, have urged Senate ticularly troubled by concerns that he should not dominate government advisory action on his behalf. They state in a may allow special interests greater ac- panels. There may be room for dispute as to letter to the Committee Chairman and cess to OMB, and therefore greater in- what constitutes ‘ties’—should an academic Ranking Member that, ‘‘we are con- fluence in OMB’s deliberations. The who accepted a consultancy fee 10 years ago fident that [Dr. Graham] is not an ‘op- concerns that have been raised are that be viewed as an industry expert?—but con- ponent’ of all regulation but rather is Mr. Graham will allow special interests flict-of-interest rules should err on the strict deeply committed to seeing that regu- another opportunity to plead their case side. lation serves broad public purposes as during final OMB review of regulations The Post editorial continues, effectively as possible.’’ and may permit changes to be made to Mr. Graham’s acceptance of industry I am a strong proponent of protecting regulatory proposals that those inter- money opened him to opportunistic attacks and preserving our environment—my ests were unable to obtain on the mer- from those who favor regulation almost re- its when the regulations were devel- gardless of its price. The lesson is that those record proves that fact. I am also a who would impose rigor on government must strong believer that we must use sound oped and reviewed by the federal agen- observe rigorous standards themselves. Even science, comparative risk analysis and cy that issued them. I also have been apparent conflicts of interest can harm the cost/benefit in making environmental concerned about allegations that Mr. credibility of the cost-benefit analyses that decisions. Science, not politics, should Graham’s background might cloud his Mr. Graham champions. be our guide. We must focus our efforts judgement and objectivity on a number In the days following his confirma- in a manner that assures the maximum of regulatory issues and place him at tion, Mr. Graham should aggressively amount of environmental protection odds with millions of Americans in- affirm OIRA’s public disclosure policies given the resources available. Sci- cluding members of the labor, public and make clear the office’s continued entific analysis allows us to make good interest and conservation community commitment to transparency. Execu- decisions and determine where to focus and with this Senator. tive Order 12866 requires that OIRA our resources to ensure that our health During the 1980s, OIRA came under maintain a publicly available log con- and a clean environment are never heavy criticism for the way in which it taining the status of all regulatory ac- compromised. conducted reviews of agency rules. The tions, including a notation as to Mr. President, I urge my colleagues public was concerned that agency rules whether Vice Presidential and Presi- to support John Graham for Adminis- would go to OIRA for review and some- dential consideration was requested, a trator of the Office of Information and times languish there—for years in notation of all written communica- Regulatory Affairs. some cases—with little explanation to tions between OIRA and outside par- Mr. FEINGOLD. Mr. President, today the public. Rather than a filter for reg- ties, and the dates and names of indi- the Senate will vote to confirm John ulation, it became a graveyard. viduals involved in all substantive oral

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.060 pfrm04 PsN: S19PT1 S7932 CONGRESSIONAL RECORD — SENATE July 19, 2001 communications between OIRA and maintaining public confidence in Mr. REID. Mr. President, I rise today outside parties. Moreover, once a regu- OIRA’s functioning. I hope that Mr. to express my strong concerns regard- latory action has been published or re- Graham will be mindful of my con- ing the President’s nominee to head jected, OIRA must make publicly cerns, and that he will embrace his the Office of Information and Regu- available all documents exchanged be- duty to take into account the future latory Affairs at the Office of Manage- tween OIRA and the issuing agency and forseeable consequences of his ac- ment and Budget—John Graham. during the review process. Mr. Graham tions. I also hope that he will be guided This office oversees the development must continue this disclosure policy, by the knowledge that this Senator of all Federal regulations. The person and he should expand it to make the will scrutinize those consequences, and who leads it holds the power to affect a information more widely accessible, will look very carefully at the question broad array of public health, worker and make the logs available through of special interest access to OMB at safety and environmental protections. the Internet. every appropriate time. While John Graham has impressive Executive Order 12866 gives OMB 90 Ms. COLLINS. Mr. President, I sup- professional credentials, his body of days to review rules. OMB may extend port the nomination of Dr. John work raises serious questions con- the review one time only for 30 days Graham to be Administrator of the Of- cerning his ability to assume the im- upon the written approval of the OMB fice of Information and Regulatory partial posture this job demands. Director and upon the request of the Analysis at the Office of Management To do it, this nominee would be re- agency head. Mr. Graham should make and the Budget. Dr. Graham has been a quired to put aside his passionate and clear that OIRA will stick to this time leader in the nonpartisan application long-standing opposition to public frame for reviews. Moreover, OMB has of analytical tools to regulations in health, worker safety and environ- invested in making this 90 day clock an order to ensure that such rules really mental protections. action that can be tracked by the pub- do what policymakers intend and that As any of us who have felt passion- lic, which must continue. Currently, they represent the most effective use of ately about an issue know, this is often the OMB web site documents when a our Government’s limited resources. difficult—if not impossible—to do. rule is sent to OIRA, the time it took As a professor at the Harvard School It might be like asking me to argue to act on the rule, and the OMB dis- of Public Health and founder of the against nuclear safety controls and position. Mr. Graham has the ability to Harvard Center for Risk Analysis, Dr. protections. I can tell you I couldn’t do improve the public’s access to this in- Graham has devoted his life to seeing it. formation by making the web site that regulations are well crafted and And my concern today is that John searchable by agency, rule, and date, effective—and that they help ensure Graham will not be able to put aside rather than posting the information in that our world is truly a safer and his passionate and long-held views op- simple tabular form. cleaner place. posing those protections. Executive Order 12866 requires OMB The alleged ‘‘conflicts of interest’’ As some of my colleagues have out- to provide a written explanation for all argued by some of Dr. Graham’s oppo- lined, the nominee has argued in his regulations that are returned to the nents are clearly baseless. The Harvard writings that certain regulations are agency, ‘‘setting forth the pertinent Center has some of the strictest con- not cost-effective and don’t protect the provision of the Executive Order on flict of interest rules in academia, and public from real risks. which OIRA is relying.’’ OIRA must Dr. Graham has complied fully with He makes that judgment based upon continue to provide written justifica- them. It is absurd to suggest that the radical assumptions about what a tion for returned rules, and Mr. bare fact of corporate research sponsor- human life is worth—assumptions that Graham should consider expanding this ship creates a conflict. By that stand- fail to account for the benefits of regu- policy to require written justification ard, most of the studies produced in lation. His assumptions are well out- for any modifications that are made to America’s universities and colleges are side of the mainstream. a rule. worthless, and few academics can ever The nominee concludes that those Mr. Graham must take particular again be found suitable for public of- who fail to reallocate government re- care in the area of communications fice. Dr. Graham’s critics miss their sources to other more cost-effective ac- with outside interests and set the tone mark. tions are, in his words, guilty of ‘‘sta- for OIRA staff actions in this regard. I have had the opportunity to receive tistical murder.’’ Executive Order 12866 directs that only input from many knowledgeable And who did John Graham find to be the administrator of OIRA can receive sources about Dr. Graham’s nomina- guilty of statistical murder—opponents oral communications from those out- tion. One of these is Maine State Toxi- of Yucca Mountain. side government on regulatory reviews. cologist Andrew Smith. Dr. Smith This is what the nominee had to say Mr. Graham should continue this studied with Dr. Graham at Harvard, about it: standard and be stringent that this and subsequently served as a staff sci- The misperception of where the real risks standard be employed for all personnel entist at an organization opposed to are in this country is one of the major causes working in OIRA. Present policy di- the Graham nomination. He has told of what I call statistical murder. . . . We’re rects OIRA to forward an issuing agen- us, however, that Dr. Graham ap- paranoid about . . . nuclear waste sites in cy all written communications between proaches regulatory analysis with an Nevada, and that preoccupation diverts at- OIRA and outside parties, as well as open mind and is ‘‘by no means an tention from real killers. ‘‘the dates and names of individuals in- apologist for anti-regulation.’’ Even a Can Nevadans rely upon John volved in all substantive oral commu- quick glance at Dr. Graham’s record Graham to impartially weigh decisions nications.’’ Moreover, affected agencies bears this out. regarding Yucca Mountain when he are also to be invited to any meetings Like other members of the Govern- views their concerns as ‘‘paranoid’’ and with outside parties and OIRA. These mental Affairs Committee, I do not considers measures to address those are important procedures that protect need to rely solely on second-hand in- concerns through public health protec- the integrity of our regulatory system. formation about Dr. Graham. I myself tions as equivalent to murder? Beyond this, however, Mr. Graham was able to work with Dr. Graham on And the nominee’s strong views should rigorously guard against con- regulatory reform legislation that had aren’t limited to Yucca Mountain. tacts that present the appearance of a strong bi-partisan support. My per- He holds strong views in opposition conflict of interest. He is entering into sonal experience in working with him to many other public health, environ- a position that will, in many ways, act confirms that what his supporters say mental and worker safety protections as judge and jury for the fate of pro- is true: he has the experience, integ- broadly supported by my colleagues posed regulations. He should, like rity, and intelligence to be an excellent and the American people—from reduc- those arbiters, guard carefully his ob- Administrator the Office of Informa- ing dioxin levels to protecting children jectivity and his appearance of objec- tion and Regulatory Analysis has ever from toxic pesticides. tivity. had. My concerns about those views are I have reviewed these procedural Mr. President, the Senate should also informed by the context in which issues because they are critical to vote to confirm John Graham. we weigh his nomination today.

VerDate 19-JUL-2001 06:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.091 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7933 Beginning with the Card Memo- suffered from cancer and other terrible Health Organization but by 90 nations, randum issued the day after President illnesses due to their exposure to and banned with only two nations in Bush’s inauguration—which placed im- dioxin. There is absolutely no question the world making DDT. portant public health, worker safety that this chemical is a known car- For John Graham, there is doubt. He and environmental protections on cinogen with many devastating health sees no health hazard on pesticides for hold—we have seen one important pub- effects. Yet remarkably, with funding fruit and vegetables, but the National lic protection after another eroded. from several dioxin producers, Dr. Academy of Sciences, the National In- By sending up a nominee who has Graham suggested that exposure to stitutes of Health, Consumers Union, dedicated the better part of his career dioxin could actually protect against and others say he is just plain wrong. to fighting those broadly supported cancer. We have heard and read his state- protections, the President sends an un- I also question the analytical meth- ments on dioxin, which the Senator fortunate signal that the public health ods Dr. Graham uses in his studies. He from Tennessee has valiantly tried to and environmental rollback is not at contends that the cost of regulations reconstruct here so they do not sound an end. should be the primary factor we con- quite as bad, but it is the most dan- Mr. DASCHLE. Mr. President, I am sider, instead of the benefits they pro- gerous toxic chemical known to man, voting today against the nomination of vide for health or safety. This position and John Graham, the putative nomi- Dr. John Graham to head the Office of is totally inconsistent with many of nee here, thinks it has medicinal quali- Information and Regulatory Affairs, our basic health, workplace safety and ties. He is alone in that thinking. The OIRA, at the Office of Management and environmental laws. After all, we may EPA said his statement was irrespon- Budget. be able to calculate the value of put- sible and inaccurate. They read it, too. I do not take this action lightly. I re- ting a scrubber on a smokestack, but He did not have his defense team at spect the tradition that deference how do you assign a value to a child work there. They just read it and said should be given to a President’s nomi- not getting asthma? We can calculate from a scientific viewpoint it was inde- nations for posts within an administra- the value of making industries treat fensible. tion. Nevertheless, it is the role of the their waste water, but what is the What is this all about? What is the Senate to provide advice and consent value of having lakes and streams in bottom line? Why is this man being to the President, and I take this re- which we can swim and fish? nominated? Don’t take my word for it. sponsibility seriously as well. If Dr. Graham brings this way of Go to the industry sources that watch OIRA is a little known department thinking to OIRA, I can only conclude these things like a hawk: the Plastic that has some of the most sweeping au- that it will lead to a profound weak- News, the newsletter of the plastic in- thority in the Federal Government. It ening of the laws and regulations that dustry in America, May 7, 2001, about is the gatekeeper for all new regula- keep food safe, and our air and water Mr. Graham: tions, guiding how they are developed clean. As over two dozen of Dr. Gra- He could lend some clout to plastics in his and whether they are approved. Its ac- ham’s colleagues in the public health new job. The job sounds boring and inside tions affect the life of every American, community wrote, ‘‘We are forced to the beltway, but the office can yield tremen- everyday. conclude that there is such a persistent dous behind-the-scenes power. It acts as a The director of this office must have pattern of conflict of interest, of ob- gatekeeper of Federal regulations ranging unquestioned objectivity, good judge- from air quality to ergonomics. It has the scuring and minimizing dangers to power to review them and block those if it ment and a willingness to ensure that human health with questionable cost- chooses to. The Harvard Center for Risk the laws of the Nation are carried out benefit analyses, and of hostility to Analysis, which Graham founded and di- fairly and fully. I regret to say that Dr. governmental regulation in general rected until Bush nominated him, gets a sig- Graham’s record has led me to con- that [Dr. Graham] should not be con- nificant part of its $3 million annual budget clude that he cannot meet these high firmed for the job of Director of the Of- from plastics and chemical companies. The standards. fice of Information and Regulatory Af- Center’s donor list reads like a who’s who of Dr. Graham currently heads the Har- fairs.’’ the chemical industry. vard Center for Risk Analysis, and in Mr. DURBIN. It is my understanding And they go on to list some of the this capacity he has produced numer- I have 5 minutes remaining. sponsors of Dr. Graham’s institute. ous studies analyzing the costs and The PRESIDING OFFICER. That is Graham is well thought of by the benefits of Federal regulations. These correct. plastics industry. A person from the in- studies raise serious and troubling Mr. DURBIN. Mr. President, of all dustry said the Bush administration questions about the way in which Dr. the people who live in America who intends to make this office more im- Graham would carry out his duties. might have been considered for this po- portant than it was in the Clinton ad- First and foremost, I am concerned sition, I find it curious this man, John ministration, elevating it to its in- that Dr. Graham has consistently ig- Graham, is the choice of President tended status. nored his own conflicts-of-interest in Bush to head up a sensitive office, this They have a big stick. If the Presi- the studies he has conducted, and that office which literally will make a deci- dent in office allows them to use it and he had not demonstrated an ability to sion on rules and regulations which if they have someone in office who review proposed regulations in an even- will have an impact on families not knows how to use it. How would they handed manner. Time after time, he only today but for generations to possibly use it? has conducted studies of regulations af- come. Do you remember arsenic in drinking fecting the very industries providing During the course of this debate, we water, how the administration scram- him with financial support. Virtually have come to the floor and spelled out bled away from it as soon as they an- without fail, his conclusions support how Mr. John Graham has been more nounced it, and the American people the regulated industry. than just a person making a mathe- looked at it in horror and disgust, that Dr. Graham downplayed the risks of matical calculation about the cost of a they would increase the tolerance lev- second-hand smoke while soliciting regulation and whether it is warranted. els of arsenic in drinking water? Dur- money from Philip-Morris. He overesti- He has held himself out to have sci- ing the course of the Governmental Af- mated the cost of preventing leukemia entific knowledge about things that fairs hearing, we asked Dr. Graham, caused by exposure to benzene in gaso- are, frankly, way beyond his education. who tells us all about DDT and pes- line while accepting funds from the He is a person who has written in one ticides and dioxin, what he thought American Petroleum Institute. He even of his books with the forward by Cass about arsenic. He said he didn’t have downplayed the cancer risk from dioxin Sunstein, who has been quoted at an opinion. exposure while being supported by sev- length on the floor here supporting Mr. Let me give you a direct quote. I eral major dioxin producers. Graham, that he thinks in comparison want the RECORD to be complete on ex- This last item is perhaps the most to today’s fertilizers, DDT is relatively actly what he said here. I asked him: troubling of all. Virtually since enter- nontoxic. You have no opinion on whether arsenic is ing Congress, I have fought on behalf of Of course, that is a view that has a dangerous chemical? the victims of Agent Orange who have been rejected not only by the World Professor Graham replied:

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.063 pfrm04 PsN: S19PT1 S7934 CONGRESSIONAL RECORD — SENATE July 19, 2001 I haven’t had any experience dealing with are going to get decent people to come Graham nomination, followed by a vote the arsenic issue, neither the scientific level into these thankless jobs to do them if on the Ferguson nomination, with 2 nor the cost-effectiveness level of control. we are going to see the confluence of minutes for debate equally divided be- You have an open mind, my friend. scientific work on the one hand and the tween these two votes; that the mo- Give him this job and he will have an political process on the other produce tions to reconsider be laid on the table, open mind about arsenic in drinking such an ugly result. the President be immediately notified water. He has an open mind about pes- I think we need to ask ourselves that of the Senate’s action; the Senate then ticides on fruits and vegetables. He has question. I think we need to ask our- return to legislative session, that S. an open mind about dioxin and its me- selves also whether or not we want to 1172 remain at the desk and that once dicinal purposes. He has an open mind have these decisions based upon sound the Senate acts on the House bill, pas- about the future of DDT in comparison scientific analysis, one that is endorsed sage of the Senate bill be vitiated and with other chemicals. And this is the by all of the people who endorsed Dr. it be returned to the calendar. man we want to put in control, the Graham, and say that analysis, that I further ask unanimous consent that gatekeeper on rules and regulations sound analysis that will work to our after the first vote, the subsequent two about public health and safety and the benefit. votes be limited to 10 minutes. environment? I have a chart of all the areas where The PRESIDING OFFICER. Is there That is why I have risen this evening lead and gasoline, sludge, drinking objection? Without objection, it is so to oppose this nomination. I thank my water—where Dr. Richard ordered. colleagues and all those who partici- Morganstern, economic analyst at the The Senator from Tennessee. pated in this debate. I appreciate their EPA, has shown where cost-benefit Mr. THOMPSON. At the appropriate patience. I know we have gone on for analysis, the kind that Dr. Graham time I will ask for the yeas and nays on some time, but this much I will tell proposes, has been beneficial both from the Graham nomination. you. If Mr. Graham is confirmed, and it a cost standpoint and increasing bene- f is likely he will be, he can rest assured fits. Let’s not get into an anti-intellec- LEGISLATIVE BRANCH that many of us in this Senate will be tual no-nothing kind of mode here and APPROPRIATIONS ACT, 2002 watching his office with renewed vigi- try to label these fine scientists and lance. To put this man in charge of this this fine institution with labels that do The PRESIDING OFFICER. Under responsibility requires all of us who not fit and are not deserved. the previous order, the clerk will re- care about public health and safety and I sincerely hope my colleagues will port the bill by title. environmental protection to stay up vote for this nomination. The assistant legislative clerk read late at night and read every word, to Mr. REID. Is all time yielded back? as follows: watch what is going on. The PRESIDING OFFICER (Mr. A bill (S. 1172) making appropriations for We don’t need any more arsenic in BAYH). All time has expired. the Legislative Branch for the fiscal year drinking water regulations. We don’t ending September 30, 2002, and for other pur- f need to move away from environmental poses. protection. We don’t need to second- LEGISLATIVE SESSION Mr. DURBIN. Mr. President, pursu- guess the medical experts on the dan- Mr. REID. Mr. President, I ask unan- ant to the unanimous consent request gers of pesticide residues on fruits and imous consent that the Senate now re- which was just allowed regarding pro- vegetables and the danger of dioxin. We sume legislative session. cedures for the remainder of the need sound science and objectivity, The PRESIDING OFFICER. Without evening, I will give a brief summary of and, sadly, John Graham cannot bring objection it is so ordered. this bill. them to this position, and that is why f I am pleased to present to the Senate I will vote no on his confirmation. the fiscal year 2002 legislative branch I yield the floor. ORDER OF PROCEDURE appropriations bill, as reported by the The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I ask unan- full committee. ator from Tennessee has 3 minutes. imous consent that the Senate turn to I thank Chairman BYRD for his sup- Mr. THOMPSON. Mr. President, let’s the consideration of the legislative port and the high priority he has listen to the scientists on the Science branch appropriations bill, S. 1172; that placed on this bill. He has provided an Advisory Board to which the Senator the only amendments in order be a allocation which has ensured we could referred. managers’ amendment and an amend- meet the highest priorities in the bill. Dr. Dennis Passionback: ment by Senator SPECTER; that there In addition, I wish to thank the rank- I think John’s point [meaning John be 10 minutes for debate on the bill and ing member of the full Committee Sen- Graham] is what you thought his point was, the managers’ amendment, equally di- Mort, and that is in several studies and ator STEVENS who has been actively in- hypotheses over the years that there are vided between the two managers, Sen- volved in and very supportive of this some hormonic beneficial effects associated ators DURBIN and BENNETT; that there bill. with dioxin and related chemicals for certain be 5 minutes for debate for Senator I am grateful to my ranking member, disease influences. Of course that is at very SPECTER; that upon the disposition of Senator BENNETT, for his important low dose of course. these two amendments, the Senate pro- role in this process and his excellent These are scientists. It is easy for the ceed to third reading and vote on final stewardship of this subcommittee for rhetoric to get out of hand here, and I passage of S. 1172; that when the Sen- the past 41⁄2 years. want to try to do my part to not en- ate receives from the House of Rep- The fact is that this bill bears the gage in escalating, but I find some of resentatives their legislative branch imprint of Senator BENNETT and his the statements attributed to this man appropriations bill, the Senate proceed hard work in keeping an eye on this amazing. I think our colleagues know to its immediate consideration; that particular appropriations bill. I was better. I think the letters of endorse- the text of the bill relating solely to happy to join him in bringing this bill ment and the public endorsements the House remain; that all other text to the floor. I couldn’t have done it belie this. I think the reflection on be stricken and the text of the Senate without him. I appreciate all of his as- Harvard University is unfair. It is not bill be inserted; provided that if the sistance. uncommon for centers doing work House inserts matters relating to the The bill before you today totals $1.94 similar to Harvard’s center to receive Senate under areas under the heading billion in budget authority and $2.03 40 to 60 percent of their funding from of ‘‘House of Representatives’’ then billion in outlays. This is $103 million— the private sector. that text will be stricken; that the bill 5.6 percent—over the fiscal year 2001 I think what we have here is just a be read the third time and passed, and enacted level and $104 million or 5 per- back and forth with regard to a man the motion to reconsider be laid on the cent below the request level. whose opponents are desperately trying table; that following the vote tonight The bill includes $1.1 billion in title I, to undermine this nomination. I think on the Senate legislative branch appro- Congressional Operations, which is $88 we have here a question concerning priations bill, the Senate return to ex- million below the request and $123 mil- public service and whether or not we ecutive session and vote on the lion above the enacted level.

VerDate 19-JUL-2001 06:01 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.098 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7935 For title II, other agencies, a total of believe that we can get into this impor- for his generosity. He is being a bit $848 million is included, $15 million tant building project in another year modest because he took over the sub- below the request and $20 million below or so. committee with great vigor and has the enacted level. We have also recommended some moved ahead on those portions of this The support agencies under this sub- very strong report language within the bill in which he has a particular inter- committee perform critical functions Architect’s budget, directing them to est. That was demonstrated in both the enabling Congress to operate effec- improve their management with par- report language and the priorities of tively. We have sought to provide ade- ticular attention to worker safety, fi- the bill. quate funding levels for these agen- nancial management, and strategic I congratulate him for the way he cies—particularly the Library of Con- planning. I am very troubled by the Ar- handled his stewardship of this par- gress, the General Accounting Office, chitect’s operation and intend to work ticular assignment. the Capitol Police, and the Congres- to make much-needed changes. I hope This is not the most glamorous sub- sional Budget Office. this language sends a strong message committee on the Appropriations Com- For the Library of Congress and the to the Architect that we expect major mittee. But in some cases, it may be Congressional Research Service, the overhauls of this agency—especially in the most fun because we get to deal bill includes $443 million. While this is the areas of worker safety and finan- with people who interact with the Sen- $66 million below the enacted level, the cial management. ate all of the time. decrease is attributable to last year’s We have made it clear to the Archi- The Senator from Illinois has my one-time appropriation for the digital tect of the Capitol that the rate of thanks and congratulations on the preservation project. worker injury is absolutely unaccept- work he has done. I will not review the The recommendation for the Library able in the Architect of the Capitol, specifics of the bill that he has gone will enable the Congressional Research which is four times the average rate of over. I will point out that I think the Service to hire staff in some critical the Federal Government. This must increases he has cited are appropriate. This bill has my full support. One of areas—particularly technology policy. end, and we will work to make it end. the items that is in the bill that the In addition, a significant increase is Also included is approximately $6 press has expressed great interest provided for the National Digital Li- million for the Botanic Garden, which about is the million dollars that we put brary within the Library of Congress, is to open in November 2001. including information technology in- For the Government Printing Office, in for the Visitors Center. The million dollars is obviously not adequate to frastructure and support to protect the a total of $110 million is included, of begin the Visitors Center. But since investment that has been made in dig- which $81 million is for Congressional the House didn’t put in anything, this ital information. printing and binding. The amount rec- becomes a placeholder for us to discuss Also in the Library’s budget is addi- ommended will provide for normal pay an appropriation for the Visitors Cen- tional funding to reduce the Law Li- and inflation-related increases. ter when we get to conference. I think brary arrearage, funding for the newly- For the Senate a total of $603.7 mil- the Congress needs the Visitors Center. authorized Veterans Oral History lion is included. This represents an in- The current schedule calls for it to be Project, and funds to support the pres- crease of $81.7 million above the cur- done prior to the inauguration of the ervation of and access to the American rent level and $14 million below the re- next President, whether it be a reelec- Folklife Center’s collection. quest. tion or a new election in January of For the General Accounting Office, a Of the increase, $24 million is needed 2005. That is the tight time schedule, total of $419 million is included. This to meet the Senate funding resolution, and it will not yield. We will have an level will enable GAO to reach their another $24 million is associated with inauguration in the Capitol in January full authorized staffing level. The total information technology-related activi- of 2005, whether the Visitors Center is number of employees funded in this ties such as the digital upgrade and done or not. recommendation is 3,275 which would studio digitization of the Senate re- We had conversations with the Archi- put GAO at their fiscal year 1999 level cording studio, and the balance is at- tect of the Capitol about that during and is well below their fiscal year 1995 tributable primarily to anticipated in- his hearing. We need to get on with staffing level of 4,342 FTE. creases for agency contributions and that as quickly as we can. A total of $125 million is provided for cost-of-living adjustments. I look forward to working with Sen- the Capitol Police. This is an increase This is a straight-forward rec- ator DURBIN as he leads us in the effort of $19 million over the enacted level. ommendation and I urge my colleagues to see to it that we get the proper fund- This will provide for 79 additional offi- to support it. ing and the proper direction to see that cers above the current level, which With respect to the manager’s the Visitors Center comes to pass in a conforms with security recommenda- amendment, it includes a provision on timely fashion. tions, as well as related recruitment behalf of Senator BINGAMAN, adding $1 I am grateful to Senator DURBIN for and training efforts. million to GAO’s budget for a tech- addressing the requirement of GAO to It will also provide comparability for nology assessment pilot project, offset make an updated evaluation of the fea- the Capitol Police in the pay scales of by a $1 million reduction in the Archi- sibility of consolidating all of the Cap- the Park Police and the Secret Serv- tect of the Capitol’s budget. It also in- itol Hill Police forces. They are the ice-Uniformed Division so the Capitol cludes authority for the Architect to Capitol Police that protects us. They Police are able to retain their officers. lease a particular property for the Cap- are the Library police. They are the The Architect of the Capitol’s budget itol Police, for a vehicle maintenance Government Printing Office police. totals $177 million, approximately $8 facility, and technical corrections. Then there is the Supreme Court Po- million above the enacted level, pri- I thank two staffers who worked tire- lice Force. marily for additional worker-safety lessly on this bill. I thank Carolyn The question is, what kind of effi- and financial management-related ac- Apostolou with the Appropriations ciency could be gained by having all of tivities. Committee. I thank her very much for them coordinated to produce some cost We have sought to trim budget re- the continuity which she has shown savings? That is a question that I have quests wherever appropriate and where working first for Senator BENNETT, and been addressing for some time. I appre- we have identified problem areas. The now for myself; and Pat Souters on my ciate Senator DURBIN’s willingness to most significant difference from the personal staff. I thank Chip Yost for support the GAO study to look in that budget request is a reduction of $67 his contribution to this as well. direction. million from the Architect of the Cap- I yield the floor to my colleague, All in all, it has been a pleasure to itol—$42 million of which is attrib- Senator BENNETT. work with Senator DURBIN and a de- utable to postponement of the Capitol The PRESIDING OFFICER. The Sen- light to help put this bill together with Dome project pursuant to the request ator from Utah. him. of the Architect. Mr. BENNETT. Mr. President, the I thank the staff that have toiled late We have appropriated money for the Senator from Illinois has been very into many nights to put this before us painting of the Dome to preserve it. We generous in his comments. I thank him today.

VerDate 19-JUL-2001 05:18 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.071 pfrm04 PsN: S19PT1 S7936 CONGRESSIONAL RECORD — SENATE July 19, 2001 I urge the Senate to adopt it. I yield If a Senator is to go there, the only Mr. SPECTER. I am prepared to un- the floor. way you could tell people that you are dertake that job. And if the Senator The PRESIDING OFFICER. The Sen- coming is if you send them a simple from Illinois does not understand why I ator from Pennsylvania. postal paper notice—not even a name am offering this amendment, let me ex- AMENDMENT NO. 1027 or address—just to every resident. plain it to him. Mr. SPECTER. Mr. President, I send I had anticipated that perhaps a live- It would cost, to circulate in Penn- an amendment to the desk. ly debate on this subject might have sylvania, $735,000, which will be about a The PRESIDING OFFICER. The taken an hour or two. third of my budget. We have a grave clerk will report. But when I saw that the legislative crisis in America where people think The assistant legislative clerk read appropriations bill was going to be list- that Members of Congress are up for as follows: ed this evening at about 9:30, I added sale. The Senator from Pennsylvania [Mr. SPEC- three magic words to this amendment, Campaign finance reform has been a TER] proposes an amendment numbered 1027. and they are, ‘‘subject to authoriza- heated subject in this Chamber and in Mr. SPECTER. Mr. President, I ask tion.’’ I know the Senator from Illinois the House Chamber. It is necessary to unanimous consent that reading of the is opposed to the amendment; the Sen- have fundraisers, and you cannot deny amendment be dispensed with. ator from Utah is in favor of the that the people who come to fund- The PRESIDING OFFICER. Without amendment. We will present this mat- raisers have access. But I find that the objection, it is so ordered. ter, on another occasion, to the Rules best answer to that is to tell my con- The amendment is as follows: Committee. But it is my understanding stituents that I go to all the counties (Purpose: To provide additional funding for that pursuant to practice, if it passes in Pennsylvania—67 counties. It is on- Members of the Senate which may be used the Senate, it is not subject to con- erous. It is very worthwhile in many by a Member for mailings to provide notice ference. I do not want to have an respects. of town meetings) amendment accepted and then dropped It is very refreshing to get outside At the appropriate place, insert the fol- in conference. That frequently hap- the beltway, to find out what people lowing: pens. are thinking about in upstate Pennsyl- MAILINGS FOR TOWN MEETINGS Mr. President, how much time re- vania; and to say that people will get a For mailings of postal patron postcards by mains of my 5 minutes? notice that ARLEN SPECTER is coming Members for the purpose of providing notice to town, and you can come there, you of a town meeting by a Member in a county The PRESIDING OFFICER. The Sen- ator retains 2 minutes 10 seconds. do not have to buy a ticket. You can (or equivalent unit of local government) with listen to a short speech, about 5 min- a population of less than 50,000 that the Mr. SPECTER. I reserve the remain- Member will personally attend to be allotted der of my time. utes on an hour, and the balance of the as requested, $3,000,000, subject to authoriza- The PRESIDING OFFICER. Who hour is for questions and answers. That tion: Provided That any amount allocated to yields time? way you have participatory democracy. a Member for such mailing under this para- The Senator from Illinois. So it is a partial answer to the prob- graph shall not exceed 50 percent of the cost Mr. DURBIN. Mr. President, the lem of fundraisers which we hold. I of the mailing and the remaining costs shall Chair has advised me, through staff, I think it would be great if this sort of be paid by the Member from other funds have 32 seconds remaining of my initial financing would encourage Senators to available to the Member.’’. go out and do town meetings, and I in- On page 33, line 6, strike ‘‘$419,843,000’’ and 5 minutes. I ask unanimous consent for insert ‘‘$416,843,000’’. an additional 60 seconds, for a total of tend to pursue this in the Rules Com- mittee. This is just a start. Let’s see Mr. SPECTER. Mr. President, only 5 92 seconds to reply to the Senator from how it works. My instinct is that most minutes has been allotted for my pres- Pennsylvania. of the $3 million will not be used. And entation. I have asked for that limited Mr. SPECTER. I am not going to ob- while it is first-come-first-serve, you time only realizing the lateness of the ject to that. cannot spend a lot of money for the hour. The PRESIDING OFFICER. Without This amendment would establish a objection, it is so ordered. postal patron postcards going to people relatively small fund of $3 million to Mr. DURBIN. Mr. President, I will in counties with a population of under pay for notices sent to residents of accept this amendment this evening, 50,000. I thank the managers for accepting small counties when a Senator comes but as I made it clear to the Senator this amendment. I think it can prove to that county to have a town meeting. from Pennsylvania, I do not believe Town meetings are in the greatest this is necessary. We appropriated very beneficial to the Senators and, tradition of American democracy. But about $8 million a year for Senate more importantly, to America. Mr. President, how much time re- they have fallen into disuse in the Sen- mailing, and the Senators did not use it. They returned $4 million. mains? ate for a number of reasons. One reason The PRESIDING OFFICER. Twenty The Senator from Pennsylvania has is that it is very tough for Senators to seconds. suggested that we need an additional $3 go out and face constituents and listen Mr. SPECTER. If that is all the de- million when we are returning $4 mil- to a variety of complaints and defend a bate, I yield back the remainder of my lion. I do not quite understand it. Senator’s voting record. It is more time. comfortable to stay inside the beltway. I think there is adequate money to The PRESIDING OFFICER. Is there But there is another reason; that is, send out town meeting notices for any further debate on the amendment? the mail accounts are inadequate to Senator who wishes to do so. Many If not, the question is on agreeing to provide for all of the funds necessary. Senators, including some who are in amendment No. 1027. For my State alone, it would cost this Chamber, who will go unnamed, The amendment (No. 1027) was agreed about three-quarters of a million dol- did not even use their mailing account to. lars. My total budget is a little over $2 last year. They left almost $100,000 in The PRESIDING OFFICER. The Sen- million for all of my office expenses. the account. And they are suggesting ator from Illinois. This is an effort to start on what I we need to put more money on the AMENDMENT NO. 1026 think could be a very important table for mailing. Mr. DURBIN. Mr. President, I call up project. I believe in townhall meetings. I had the managers’ amendment which is at It provides only for notices in small over 400 as a Congressman, and I sup- the desk. counties under 50,000 population. It is port them as a Senator. The PRESIDING OFFICER. The possible in Pennsylvania, illustra- I am going to, of course, allow this clerk will report the amendment. tively, to cover the big cities and the amendment to go forward without ob- The legislative clerk read as follows: suburban counties for television and jection. I will tell you, as a member of The Senator from Illinois [Mr. DURBIN], for newspapers. But if you take the north- the Rules Committee, the Senator from himself and Mr. BENNETT, proposes an ern tier of Pennsylvania, or the south- Pennsylvania has a job to do to con- amendment numbered 1026. ern tier, or some of the counties, you vince me to support it there. Mr. DURBIN. I ask unanimous con- simply can’t get there unless you go The PRESIDING OFFICER. The Sen- sent reading of the amendment be dis- there. ator from Pennsylvania. pensed with.

VerDate 19-JUL-2001 05:26 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.101 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7937 The PRESIDING OFFICER. Without Senate do not allow Senators and their Durbin Kohl Roberts Edwards Kyl Rockefeller objection, it is so ordered. staffs to take advantage of the latest Enzi Landrieu Santorum The amendment is as follows: in technology innovations. For exam- Feingold Leahy Sarbanes (Purpose: To authorize the Architect of the ple, the cc:mail e-mail system em- Feinstein Levin Schumer Capitol to secure certain property, to fund ployed by the offices of every Senator Fitzgerald Lieberman Sessions a technology assessment pilot project, and Graham Lincoln Shelby is no longer even supported by the Grassley Lott Smith (OR) for other purposes) company that developed it. It is an an- Gregg Lugar Snowe On page 8, insert between lines 9 and 10 the tiquated system that makes remote ac- Hagel McCain Specter following: cess slow and cumbersome, and does Harkin McConnell Stabenow (e) EFFECTIVE DATE.—This section shall Hatch Mikulski Stevens apply to fiscal year 2002 and each fiscal year not allow for the use of wireless e-mail. Hollings Miller Thompson thereafter. At this time, the Sergeant of Arms is Hutchinson Murkowski Thurmond looking at a January 2002 rollout of a Hutchison Murray Torricelli On page 9, lines 13 and 14, strike ‘‘as in- Inouye Nelson (FL) Warner creased by section 2 of Public Law 106–57’’ modernized system that will bring the Jeffords Nelson (NE) Wellstone and insert ‘‘as adjusted by law and in effect Senate into the 21st Century. This bill Johnson Nickles Wyden on September 30, 2001’’. contains substantial increases in Kennedy Reed On page 15, insert between lines 9 and 10 spending for the IT Support Services Kerry Reid the following: NAYS—9 (d) This section shall apply to fiscal year Division of the Sergeant of Arms. It is 2002 and each fiscal year thereafter. my understanding that some of this in- Bayh Ensign Smith (NH) crease will be used for other purposes. Brownback Gramm Thomas On page 16, add after line 21 the following: Cleland Inhofe Voinovich (f) This section shall apply to fiscal year Therefore, I ask the chairman and 2002 and each fiscal year thereafter. ranking member what portion of these NOT VOTING—3 On page 17, line 21, strike ‘‘$55,000,000’’ and increases will be used for the upgrade Biden Frist Helms insert ‘‘$54,000,000’’. of the e-mail system? The bill (S. 1172), as amended, was On page 17, line 25, insert ‘‘after the date’’ after ‘‘days’’. Mr. DURBIN. The bill includes $1.8 passed. On page 17, line 25, insert before the period million for the maintenance and sup- (The bill will be printed in a future the following: ‘‘: Provided further, That not- port of the new e-mail system that is editon of the RECORD.) withstanding any other provision of law and to be implemented beginning in Janu- Mr. REID. Mr. President, I move to subject to the availability of appropriations, ary 2002. In addition, there is $6 million reconsider the vote and I move to lay the Architect of the Capitol is authorized to available in the current fiscal year that motion on the table. secure, through multi-year rental, lease, or that will be used for the rollout of the f other appropriate agreement, the property new system, including the necessary located at 67 K Street, S.W., Washington, EXECUTIVE SESSION D.C., for use of Legislative Branch agencies, hardware and software. and to incur any necessary incidental ex- Mr. BENNETT. The Senator from Il- penses including maintenance, alterations, linois is correct, and I support the NOMINATION OF JOHN D. GRAHAM, and repairs in connection therewith: Provided funding for the replacement of the OF MASSACHUSETTS, TO BE AD- further, That in connection with the property cc:mail system. MINISTRATOR OF THE OFFICE referred to under the preceding proviso, the Mr. NICKLES. I thank the Chairman OF INFORMATION AND REGU- Architect of the Capitol is authorized to ex- and Ranking Member for their commit- LATORY AFFAIRS pend funds appropriated to the Architect of the Capitol for the purpose of the operations ment to the upgrade. After two years The PRESIDING OFFICER. The Sen- and support of Legislative Branch agencies, of delays, I urge them to monitor the ate will now proceed to executive ses- including the United States Capitol Police, Sergeant of Arms to see that the sys- sion. Under the previous order, the as may be required for that purpose’’. tem is upgraded as expeditiously as question occurs on agreeing to the On page 33, line 6, strike ‘‘$419,843,000’’ and possible. nomination of John D. Graham of Mas- insert ‘‘$420,843,000’’. The PRESIDING OFFICER. The sachusetts to be Administrator of the On page 34, line 4, insert before the period question is on the engrossment and the following: ‘‘Provided further, That Office of Information and Regulatory $1,000,000 from funds made available under third reading of the bill. Affairs. this heading shall be available for a pilot The bill was ordered to be engrossed Mr. THOMPSON. Mr. President, I ask program in technology assessment: Provided for a third reading and was read the for the yeas and nays. further, That not later than June 15, 2002, a third time. The PRESIDING OFFICER. Is there a report on the pilot program referred to under The PRESIDING OFFICER. The bill sufficient second? There is a sufficient the preceding proviso shall be submitted to having been read the third time, the second. Congress’’. question is, Shall it pass? The yeas and The yeas and nays were ordered. On page 38, line 15, strike ‘‘to read’’. nays have been ordered. The clerk will Mr. DURBIN. Mr. President, point of On page 39, line 2, insert ‘‘pay’’ before ‘‘pe- clarification. Under the unanimous riods’’. call the roll. The legislative clerk called the roll. consent request, Senator THOMPSON Mr. DURBIN. Unless the Senator Mr. REID. I announce that the Sen- and I each have a minute before the from Utah wants to speak to it, I urge ator from Delaware (Mr. BIDEN) is nec- vote; is that correct? adoption of the amendment. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The essarily absent. Mr. NICKLES. I announce that the ator is correct. question is on agreeing to amendment The Senator from Tennessee is recog- No. 1026. Senator from Tennessee (Mr. FRIST) and the Senator from North Carolina nized. The amendment (No. 1026) was agreed Mr. THOMPSON. Mr. President, John (Mr. HELMS) are necessarily absent. to. Graham has had a distinguished career. The PRESIDING OFFICER. Are there Mr. DURBIN. Mr. President, I ask for He has been head of the Harvard Center any other Senators in the Chamber de- the yeas and nays on the bill. for Risk Analysis for the last 15 years siring to vote? The PRESIDING OFFICER. Is there a and has been called the ‘‘best-qualified The result was announced—yeas 88, sufficient second? person’’ who has come down the road nays 9, as follows: There appears to be. for this position by Bob Leiken of the The yeas and nays were ordered. [Rollcall Vote No. 241 Leg.] Brookings Institution. INFORMATION TECHNOLOGY YEAS—88 Some people don’t like scientific Mr. NICKLES. Mr. President, I want Akaka Burns Conrad facts that don’t comport with their ide- to express my concerns to the chair- Allard Byrd Corzine ology, even if it is supported in the sci- Allen Campbell Craig man and ranking member of the Legis- Baucus Cantwell Crapo entific community. He has been criti- lative Branch appropriations sub- Bennett Carnahan Daschle cized, he has had selected excerpts committee about the information tech- Bingaman Carper Dayton taken from his works, and he has been nology capabilities of the Senate. Bond Chafee DeWine unfairly characterized. Boxer Clinton Dodd I am particularly concerned that the Breaux Cochran Domenici They have taken complex scientific e-mail and networking systems of the Bunning Collins Dorgan issues and even though they might be

VerDate 19-JUL-2001 05:26 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.104 pfrm04 PsN: S19PT1 S7938 CONGRESSIONAL RECORD — SENATE July 19, 2001 counterintuitive for many of us, they Nelson (NE) Smith (NH) Thompson It is not Dr. Ferguson’s qualifica- Nickles Smith (OR) Thurmond are supported by the scientific commu- Roberts Snowe Voinovich tions that concern me; it is his judg- nity. Santorum Specter Warner ment that does. Mr. President, the merging of sci- Sessions Stevens Right now we are in an economic entific analysis and the political proc- Shelby Thomas slowdown. The evidence was there last ess sometimes is not a pretty picture, NAYS—37 September. But Chairman Greenspan and this one has not been either. But I Akaka Dorgan Murray and the Federal Reserve did not act in suggest there have been a lot of people Baucus Durbin Nelson (FL) September. asleep on the job and very negligent if Biden Edwards Reed They did not act in October. Bingaman Feinstein Reid this gentleman is not qualified and has Boxer Harkin Rockefeller They did not act in November. really adhered to some of the views at- Cantwell Hollings Sarbanes They did not act in December. tributed to him. Cleland Inouye Schumer They did finally act in January. Clinton Kennedy Stabenow Since then, the Fed, to its credit, has Leaders of public policy in this coun- Conrad Kerry Torricelli try: scientists, academics, Democrats Corzine Kohl Wellstone continued to move the federal funds and Republicans, the last two Demo- Daschle Leahy Wyden rate, cutting it 6 times. But the dam- Dayton Lieberman age has already been done. crats who have held this position, sup- Dodd Mikulski port this man. I suggest a strong vote What concerns me about Dr. Fer- for him is merited, and I sincerely urge NOT VOTING—2 guson is the response he gave to me in that. I yield the floor. Frist Helms the Banking Committee when I asked Mr. DURBIN. Mr. President, if my The nomination was confirmed. him this question: ‘‘Hindsight being 20/ colleagues followed the debate this Mr. DASCHLE. Mr. President, for the 20, do you think the Fed waited too evening, they know John Graham’s information of our colleagues, the next long to reduce the target federal funds views on science really are not in the vote will be the last vote. There will be rate?’’ mainstream by any stretch. He has three votes on judicial nominations at Dr. Ferguson’s response was: ‘‘No, made statements that pesticide resi- 9:45 tomorrow morning. Those will be sir. Even with 20/20 hindsight, I do not dues on fruits and vegetables are not a the last votes of the day. The next vote believe that to be the case.’’ public hazard. He has some theory de- will occur, then, on Monday, at 5:45. Mr. President, I simply can’t under- scribed as irresponsible and inaccurate: This is the last vote for the day. stand that answer. Knowing what we know now, it just doesn’t make sense. Dioxin somehow cures cancer and does f not cause cancer. During that time last year, prac- NOMINATION OF ROGER WALTON He questions whether or not DDT tically every single economic indicator FERGUSON, JR., OF MASSACHU- was headed straight down. should have been banned, and this is SETTS, TO BE A MEMBER OF the man who will be in charge of the The markets, especially the NASDAQ THE BOARD OF GOVERNORS OF were dropping, causing wealth to be agency which has the last word on THE FEDERAL RESERVE SYSTEM rules and regulations for public health taken out of the economy. Corpora- and safety and environmental protec- The PRESIDING OFFICER. Under tions were announcing layoffs, not just tion. the previous order, the clerk will re- dot-coms, but companies like GE. We can do better in America. Presi- port the nomination. The index of leading economic indi- dent Bush can do better. I urge my col- The legislative clerk read the nomi- cators started to fall. And consumer confidence started dropping. And GDP leagues to join Senators LIEBERMAN, nation of Roger Walton Ferguson, Jr., slowed markedly. KERRY, and myself in opposing this of Massachusetts, to be a Member of nomination. the Board of Governors. Anyone I’ve talked to since then, now says that, looking back, it’s pretty The PRESIDING OFFICER. All time The PRESIDING OFFICER. There clear that the Fed was slow at the is yielded back. The question is, Will are 2 minutes equally divided on the switch in recognizing and reacting to the Senate advise and consent to the nomination. the warning signs. nomination of John D. Graham, of Mr. SARBANES. Mr. President, I Six rate cuts this year is clear evi- Massachusetts, to be Administrator of urge Members to approve the nomina- dence of this. That’s the most in such the Office of Information and Regu- tion. Mr. Ferguson has been serving on a short period of time in decades, and latory Affairs, Office of Management the Federal Reserve Board and was shows just how precarious a position and Budget? nominated by President Clinton. His nomination was resubmitted by Presi- our economy was in. The yeas and nays have been ordered. dent Bush. The committee reported out We’re still having trouble turning the The clerk will call the roll. overwhelmingly in favor of his nomina- corner, and even now there are warning The assistant legislative clerk called tion. I urge his approval. signs that our economic slowdown is the roll. I yield back the remainder of my causing a ripple effect around the Mr. NICKLES. I announce that the time. globe. Senator from Tennessee (Mr. FRIST) Mr. BUNNING. Mr. President, unfor- Who knows what would have hap- and the Senator from North Carolina tunately I must rise today to oppose pened if the Fed had cut rates sooner. (Mr. HELMS) are necessarily absent. the nomination of Roger Ferguson to If Dr. Ferguson is confirmed, I’m afraid The PRESIDING OFFICER (Mr. CAR- be a member of the Board of Governors we probably never will. PER). Are there any other Senators in of the Federal Reserve. That truly worries me. the Chamber desiring to vote? I usually don’t vote against presi- I am afraid that he is looking over The result was announced—yeas 61, dential nominees. I believe, in most his shoulder already, and is concerned nays 37, as follows: cases, that we should defer to the presi- about how the Fed Chairman is going [Rollcall Vote No. 242 Ex.] dent and allow him to appoint his own to react to his remarks. YEAS—61 people. I think Dr. Ferguson was afraid to Allard Collins Hutchinson However, there are times when I am criticize the chairman and to upset the Allen Craig Hutchison forced to stand up and to vote against apple cart. Bayh Crapo Inhofe the president. I do not enjoy doing this, But I believe that we need strong, Bennett DeWine Jeffords Bond Domenici Johnson but I have no doubt that I will be mak- independent Fed Governors who are Breaux Ensign Kyl ing the right vote for Kentucky and willing to challenge the status quo and Brownback Enzi Landrieu the nation. to make the hard call. Bunning Feingold Levin Burns Fitzgerald Lincoln Roger Ferguson is a very accom- I am afraid that Dr. Ferguson does Byrd Graham Lott plished man. He is quite qualified to be not fit this bill. Campbell Gramm Lugar a Federal Reserve Governor. We do not need Alan Greenspan Carnahan Grassley McCain He is currently vice chairman. But I clones who will never question the Carper Gregg McConnell Chafee Hagel Miller cannot, in good conscience, support his chairman, who will never take the con- Cochran Hatch Murkowski nomination for a 14-year term. trary view.

VerDate 19-JUL-2001 05:26 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.112 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7939 What we need are Fed nominees who The PRESIDING OFFICER. The group of Americans, some of whom are will be independent. We need nominees clerk will call the roll. in my State. Some are in Arizona. who will stand up to the chairman if The assistant legislative clerk pro- Some are in Wyoming. Some are in they believe he is wrong. ceeded to call the roll. Connecticut. These people have only I do not believe Dr. Ferguson will as- Mr. REID. Mr. President, I ask unan- one thing in common: they are the sert that independence. I believe his imous consent that the order for the beneficiaries of an American law that answer to my question in the Banking quorum call be rescinded. is called RCRA, the Radiation Expo- Committee proves that. The PRESIDING OFFICER. Without sure Compensation Act. A number of us For this reason, I reluctantly vote objection, it is so ordered. were part of getting that law passed. It ‘‘no’’ on the nomination of Dr. Roger f was a recognition that there were cer- Ferguson, to a 14-year term as a mem- MORNING BUSINESS tain Americans, including uranium ber of the Board of Governors of the miners and some others, who very well Mr. REID. Mr. President, I ask unan- Federal Reserve. might have been overexposed to low- imous consent that there now be a pe- The PRESIDING OFFICER. All time level radiation when they were mining riod of morning business with Senators has been yielded back. in uranium mines that weren’t aer- permitted to speak for up to 10 minutes Mr. BREAUX. I ask for the yeas and ated—where they did not have enough each. nays. air conditioning and not enough clean The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without objection, it is so ordered. air. They may have very well during sufficient second? their lives breathed in radiation and There is a sufficient second. f contracted serious illnesses. Some The question is, Will the Senate ad- NUCLEAR WASTE might have died. Some may today be vise and consent to the nomination of Mr. REID. Mr. President, I hope ev- suffering from cancer or other diseases. Roger Walter Ferguson, Jr., to be a eryone recognizes the tremendous trag- In any event, this law was passed. It Member of the Board of Governors of edy we sadly heard of yesterday in Bal- was kind of heralded as a very good the Federal Reserve System? On this timore. A train derailed in a tunnel. commitment by the Government and question the yeas and nays have been The fire is still burning. The hydro- very simple. You didn’t have to get a ordered, and the clerk will call the roll. chloric acid is still leaking from that lawyer for these claims. It was limited The legislative clerk proceeded to tank. Last night, the city of Baltimore, to $100,000 in exchange for making it call the roll. one of the largest cities in America, simple and setting some standards: Mr. NICKLES. I announce that the was closed down. The Baltimore Ori- You can come in and prove your case. Senator from North Carolina (Mr. oles were in the middle of a double- You could probably prove your claim in HELMS) is necessarily absent. header. They stopped the game and a relatively short period of time. The PRESIDING OFFICER. Are there sent everybody home. Lo and behold, if Congress put the any other Senators in the Chamber de- The reason I mention this is there money up, you would get your check. siring to vote? has been a mad clamor about the nu- You could get it as a widow. You could The result was announced—yeas 97, clear power industry and shipping nu- get it as one who was sick. You could nays 2, as follows: clear waste. The nuclear industry get it as anyone entitled to it under [Rollcall Vote No. 243 Exec.] doesn’t care where it goes, although the statute. It worked pretty well for a YEAS—97 they are focused on Nevada for the while. Akaka Durbin McCain present time. I think everyone needs to Then something very ghastly hap- Allard Edwards Mikulski pened for the beneficiaries. Pretty Allen Ensign Miller recognize that transporting hazardous Baucus Enzi Murkowski materials is very difficult. If people soon, they started going to the Justice Bayh Feingold Murray think hydrochloric acid is bad—which Department which has charge of these Bennett Feinstein Nelson (FL) it is—think about how bad nuclear claims and asking them for money. Biden Fitzgerald Nelson (NE) The Justice Department told this Bingaman Frist Nickles waste is. A speck the size of a pinpoint Bond Graham Reed would kill a person. We are talking growing group of Americans: We don’t Boxer Gramm Reid about transporting some 70,000 tons of have any money. Breaux Grassley Roberts They said: What do you mean? Here Brownback Gregg Rockefeller it all across America. Burns Hagel Santorum I hope before everybody starts flexing is the law. Byrd Harkin Sarbanes their muscles about the reestablish- They said: Well, Congress didn’t put Campbell Hatch Schumer ment of nuclear power in this country up the money. We ran out. So you will Cantwell Hollings Sessions not be worried, why don’t we give you Carnahan Hutchinson Shelby that we recognize first there has to be Carper Hutchison Smith (NH) something done with the dangerous an IOU. Here is your assurance that the Chafee Inhofe Smith (OR) waste associated with nuclear power. Government says it owes you $100,000. Cleland Inouye Snowe It is estimated that some 60 million These people started coming to see Clinton Jeffords Specter their Senators—not only me but Sen- Cochran Johnson Stabenow people live within a mile of the routes Collins Kennedy Stevens that may be proposed for transporting ator BINGAMAN and other Senators— Conrad Kerry Thomas this nuclear waste by train or truck. saying, time is passing. I am getting Corzine Kohl Thompson sicker. I may even die, and I have an Craig Kyl Thurmond Not to mention the problems related to Crapo Landrieu Torricelli terrorism, which we have discussed at IOU from this great big American Gov- Daschle Leahy Voinovich some length on this floor in previous ernment. Why can’t they pay me? Dayton Levin Warner debates. Let me say in this Chamber that it is DeWine Lieberman Wellstone embarrassing to say it even here, but it Dodd Lincoln Wyden We should leave nuclear waste where Domenici Lott it is. Eminent scientists say it is safe. is more embarrassing to say it to the Dorgan Lugar It could be stored onsite in storage victims. There is a big series of discus- NAYS—2 containers for a fraction of the cost of sions going on between committees —even appropriations subcommittees— Bunning McConnell a permanent repository. It would be much less dangerous. It could be stored as to which one ought to appropriate NOT VOTING—1 relatively safely for 100 years, the sci- the money. Helms entists say. During that period of time, In the meantime, no money is appro- The nomination was confirmed. we might develop a breakthrough idea priated. People walk around with the f as to what could be done safely with IOUs filing their claims, and they are these spent fuel rods. working on them day by day. And an- LEGISLATIVE SESSION f other law passes. It is for a larger The PRESIDING OFFICER. The Sen- group of Americans who come in to ad- ate will return to legislative session. RADIATION EXPOSURE CLAIMS judicate their claims for exposure to Mr. REID. Mr. President, I suggest Mr. DOMENICI. Mr. President, I low-level radiation. It is for radiation the absence of a quorum. would like to speak today about a where we had uranium in a Richmond,

VerDate 19-JUL-2001 05:26 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.078 pfrm04 PsN: S19PT1 S7940 CONGRESSIONAL RECORD — SENATE July 19, 2001 VA, mine or perhaps in Paducah, KY, men and ranking members they ought ate Committee on Banking, Housing, and various places in Ohio. For this to make this an entitlement. But in and Urban Affairs, I note our commit- larger group of people, those claims are the meantime, the people who have tee’s gratitude and, indeed, the grati- still being worked. claims right up until the end of this tude of the Senate for the many ex- We say: Well, time has passed, and year will get paid. It will take a couple traordinary contributions she has maybe these claims should be a little weeks, so they should not be coming made to the Export-import Bank dur- higher. So they are awarded $150,000 if into our offices saying thank you yet, ing her tenure. they can prove the claim that they are nor should they come in and ask where Jackie spent more than 8 years in a either totally disabled or are an heir. is the money. They just have to wait a series of senior positions at the Congress in that case—coming out of little while. It takes a little bit of Eximbank, devoting herself tirelessly a different committee—made that pro- time. to the agency’s mission of supporting gram an entitlement. Even the occu- I thought, since we see them and we U.S. exporters and sustaining Amer- pant of the Chair, who is a new Sen- hear them, that maybe I should let the ican jobs. She first joined the ator, would understand that those Senate vicariously hear them—you Eximbank in April of 1993, served as claims are paid without anybody ap- can’t see them, but you can hear them special assistant, chief of staff and vice propriating it—just like the Social Se- through me. president for congressional and exter- curity check or your veterans check. What we have to do is not let another nal affairs, prior to her nomination, in Here is one group of Americans filing year pass because this is a problem, May of 1997, to be first Vice President their claims. Some of them are already whether or not you come from a State and Vice Chair of the Export-Import adjudicated; we stamp out a check, that has ‘‘down-winders’’ and/or ura- Bank. while over here another group of Amer- nium miners; this carries with it some Her exceptionally effective service at icans carry around IOUs. very serious kinds of overtones for the the Eximbank was a logical outgrowth A number of Senators have been U.S. Government. You create a pro- of her extensive legislative staff career working on this issue. A number of gram. You tell people: We have been in the Congress. She worked for more House Members have been working on sorry for you up until now, but we will than a decade as the legislative assist- it. My friend, Senator BINGAMAN, has give you a little claim here—$100,000— ant for foreign policy, trade, and na- been working on it. and then, when you prove it up, you tional security issues, for Senator Jake But essentially our last opportunity will take it, and you no longer have Garn of her home State of Utah, as an to cease the embarrassment and do any claims, and we have said that we associate staff member to the Appro- something half fair was to put lan- have paid you. It is just not right that priations Committee, and later as a guage in the supplemental appropria- you do not do it, just not right. professional staff member on the Sen- tions bill that would see to it that for It is growing. The newspeople are ate Banking, Housing, and Urban Af- any claims already finished where peo- starting to carry it. I guess they are fairs Subcommittee on International ple are carrying around the IOUs, or starting to carry: ‘‘Congress finally Finance and Monetary Policy. It thus came as no surprise to us in any that are completed for the rest of puts up the money today.’’ That is the Congress when Jackie skillfully led this year, there is money for them. We good. But I hope there is a lingering in- the bank’s efforts on its reauthoriza- provided that in the Senate bill on sup- terest in how we fix it. It should not be plemental appropriations. tion legislation in 1997. that 6 months into next year somebody The legislation received over- Frankly, we even had to find a way exposed to low-level radiation at one of whelming bipartisan support in the to pay for it because it had to be budg- America’s uranium enrichment plants Congress and set the stage for the et neutral. So we found a way to pay proves their claim and gets an auto- agency’s excellent work on behalf of for it. I did, out of a program I started matic check, but yet you have these U.S. exporters during her term. a few years ago. I said: It is not being people who might have worked 35 years We on the Banking Committee have used, so cancel it so we have room. ago, for 20 years, in a nonaerated ura- had the benefit of Jackie’s wise counsel Today, at about 10:30, 11 o’clock this nium mine, where the U.S. Govern- on export and trade matters for several morning, after a number of days of con- ment, even through its heralded Atom- years. She has an acute sense of the re- ferring, the House-Senate committee ic Energy Commission, which I know a lationship among Federal agencies, on that bill approved it. It should come lot about, made a mistake with ref- Congress, foreign governments, and the back before us very soon and get ap- erence to the quality of air in the business community. proval. It has language in it that says mines—where acknowledgements were In her travels on the Bank’s behalf, whatever amount of money is needed made many years later; and it is hard and in her speeches, Jackie has raised for those holding those IOUs and for to get the acknowledgement, but we fi- awareness of the critical nature that those finishing up their claims by the nally got it—yet a mistake was made. international trade and trade finance end of this fiscal year, they will have So I thought it would be good, while can play in improving the lives of our the money in the Justice Department we had nothing to do in this Senate citizens. Jackie has also devoted her- to pay it. Chamber, that maybe we could spread self to improving the management of I say to the Senate, I know it is dif- this story of what has happened and the Eximbank and its responsiveness to ficult, unless you have this problem, say thank you to the Appropriations staff concerns. She has helped shepherd for you to be as concerned as I or those Committee for the emergency measure the Bank towards increased automa- in my particular region. But I thought today. And we look forward to one of tion as a means of better fulfilling its maybe I should tell the whole Senate our committees passing a bill that will objective of satisfying the needs of because it is time they know that this make these few remaining people who small business. She has served as both is a festering embarrassment. are entitled to it know they will get an institutional memory and a trail- Is it solved? No. The appropriations their money when their claim is adju- blazer—traits not often found in the bill that is going to put in money for dicated. same person. next year only carries a small amount f The board of directors of the of money because it expects, as does JACKIE M. CLEGG Eximbank today adopted a resolution the President in his budget, to convert expressing its appreciation and thanks this program to an automatic payment Mr. SARBANES. Mr. President, I to Jackie for her distinguished service program called a mandatory or an enti- seek recognition to express a deep ap- to the Bank. tlement. But we have not been able to preciation for the dedicated service of Mr. President, I ask unanimous con- get that done yet. Jackie M. Clegg as first Vice President sent that the resolution be printed in So I have said it for a second reason. and Vice Chair of the Export-Import the RECORD after my remarks. I hope the committees that are consid- Bank of the United States. The PRESIDING OFFICER. Without ering it—and I will do my best to go As I think many of my colleagues are objection, it is so ordered. see the committees to make myself un- aware, Jackie’s 4-year term at the (See Exhibit 1.) derstood, and take with me whatever Eximbank will be concluding on tomor- Mr. SARBANES. Mr. President, for evidence I need to convince the chair- row, July 20. As chairman of the Sen- those of us who have supported and

VerDate 19-JUL-2001 05:26 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.117 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7941 worked with the Eximbank, it is a loss The PRESIDING OFFICER. Without Mr. SARBANES. The other thing—if that Jackie Clegg has chosen to leave objection, it is so ordered. the Senator will yield for a minute—I public office at this time. We recog- Mr. REID. I say to my friend, I also think it points out the need for us to nize, however, she has a special reason have gotten to know Jackie Clegg. I make investment in our Nation’s infra- for moving on, and many of us have al- met Jackie when she was a staff person structure. We have been trying for a ready extended our congratulations to for Senator Garn on the Appropriations long time to get a real commitment at Jackie and our colleague, the distin- Committee. She would come and be at the Federal level, to be matched at the guished Senator from Connecticut, his side and was his voice and ears on State and local level, for operating in- Senator DODD, as they start a family. that committee—an important com- frastructure. I think it is something we But I want to thank her before she mittee on which he did so well for the need constantly to keep in mind and leaves office for her outstanding serv- State of Utah. I got to know her better not lose sight of. We are making a ice to the Nation through her many when she went to the Eximbank. We number of these budget priorities, in- contributions to the work of the Ex- think of the Bank—I always did—as cluding sweeping tax cuts, for example, port-Import Bank of the United States. being something that was done in and at the same time all across the EXHIBIT 1 places other than in the United States. country we are being challenged by EXPORT-IMPORT BANK OF THE UNITED STATES But she was kind and professional major needs in terms of the Nation’s RESOLUTION enough to do a meeting in Las Vegas infrastructure. This is an obvious in- Whereas Jackie M. Clegg has served with for me of the Eximbank. There was tre- stance of transportation infrastructure distinction as First Vice-President and Vice mendous interest of Las Vegas and communications. I hope we will be Chairman of the Export-Import Bank of the businesspeople in what that Bank able to come to grips with that issue United States since June 17, 1997; and could do and could not do. People were and make a major national commit- Recognizing, that she has spent more than brought to a meeting in Las Vegas, and eight years in a series of senior positions at ment with respect to upgrading the Na- the Ex-Im Bank, devoting herself to the I can say it was one of the most suc- tion’s infrastructure. agency’s mission of supporting U.S. export- cessful of that type of meeting I have Mr. REID. Mr. President, I am going ers and sustaining American jobs; and ever held. to hold a hearing next week on the En- Recognizing further, that her success at She will be missed. Of course, being vironment and Public Works Com- the Ex-Im Bank is a logical outgrowth of her chairman of the Banking Committee mittee. I am now the subcommittee extensive U.S. Senate staff career, including and having worked in the area a long chair on the committee with jurisdic- more than a decade of work as a legislative time, you certainly understand, having tion over this country’s infrastructure. assistant for foreign policy, trade, national worked so closely with her, more than security, banking, and appropriations issues; The first hearing I am going to do is and most of us how important that Bank is. going to be involved with the mayors Recognizing further, that she led the I appreciate the Senator mentioning of major cities in the United States, to Bank’s efforts on its reauthorization legisla- Jackie very much. However, I am very have them start telling us what some tion in 1997, which received overwhelming bi- confident that her new role, as impor- of our major urban cities need. We are partisan support in the Congress and has tant as her old role was, will be even tremendously deficient in what we made it possible for the Bank to serve better more important. I know she is looking have not done to help cities and, of the needs of U.S. exporters, earning her the forward to it. She will be a great moth- course, other parts of our country. admiration and respect of numerous Mem- bers of Congress, the Executive Branch, and er, and I look forward to seeing her This is not a problem that developed the exporting community; and with her new baby in just a few today. We have been ignoring this for Recognizing further, that she dem- months. far too long. The Senator is absolutely onstrated leadership and creativity as the Mr. SARBANES. I thank the Senator right. We now are looking at budgetary Bank tackled critical issues such as resolv- for his comments. constraints that make it very difficult ing international financial challenges, bal- Mr. REID. May I say also, while I for us to address some of the most ancing the need for environmental protec- have the Senator’s attention, I say to grievous things facing this country as tion with promoting business opportunities, my friend, the senior Senator from relates to infrastructure. That is one of and increasing trade opportunities for small Maryland, I have been so impressed in businesses, particularly those owned by the reasons I am holding this hearing. women, minorities, and Americans who live watching what is taking place in Balti- We can no longer hide our head, bury in rural areas; and more in the last 24 hours—almost ex- our heads in the sand, and say they Recognizing further, that she devoted her- actly 24 hours now—to see the work of don’t exist. These problems exist. The self to enhancing the quality of life for the professionals there with the terrible Senator is so right, and the Public Bank’s career staff through innovation and a tragedy that took place in the tunnel. Works Committee is going to start ad- commitment to training, advancement, and I am confident that the Senator is as dressing this next week. empowerment; and Mr. SARBANES. I commend the Sen- Recognizing further, that she has brought impressed as I am with the great work great credit to the Bank and succeeded in being done by the people from Mary- ator for that initiative. I think it is ex- raising awareness of the agency and its mis- land and Baltimore, and the other enti- tremely important. I think we have to sion, thereby expanding exporting opportuni- ties of which I am not totally aware, in get across the understanding that ties for American companies and enhancing averting a disaster that could have these public investments in infrastruc- their competitiveness in the global market- been much worse. ture are essential to the private sector place; and Mr. SARBANES. I thank the Sen- activity. In other words, there is a re- Recognizing further, that her intelligence, ator. They are still working on that lationship between making available a dedication, warmth, and leadership have earned her the friendship, affection, and re- problem. It has not been fully resolved first-class public infrastructure—for spect of Export-Import Bank colleagues at yet. I received a message from Mayor example, transportation—and the abil- all levels of the agency; O’Malley that the fire is still smol- ity then of the private sector to effi- Now, therefore, be it resolved. That the Di- dering. But they have had terrific ciently carry out its business. I think rectors of the Bank, individually and on be- intergovernmental cooperation we need to perceive it in those terms half of the entire Bank, hereby express their throughout in trying to address this because people come out and say you sincerest appreciation and thanks to Jackie pressing issue. We are hopeful that it are just talking about making a public M. Clegg for her distinguished service to the Bank and extend to her best wishes in all fu- will be resolved soon. The tunnel is a expenditure, but this is a public ex- ture endeavors. mile and a half long, and so they are penditure with wide-ranging con- pulling these cars out of the tunnel— sequences and implications for the ef- JOHN E. ROBSON, President and Chair- decoupling them and pulling them out. fective working of the private sector of man. So that process is still underway, but the economy. DAN RENBERG, we hope it can be carried through to Mr. REID. I will finally say to my Director. completion without worsening of con- friend, you are so right. Some of the D. VANESSA WEAVER, ditions. people who want to spend less money Director. Mr. REID. This points out how dan- than anyone else are the so-called mar- Mr. REID. Mr. President, I ask unan- gerous it is to transport hazardous ma- ket-oriented people. The fact is, Adam imous consent that the Senator’s terials. Certainly, this is a clear indi- Smith, in his book ‘‘Wealth of Na- morning business time be extended. cation of how dangerous it really is. tions,’’ in 1776, said that governments

VerDate 19-JUL-2001 06:10 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.016 pfrm04 PsN: S19PT1 S7942 CONGRESSIONAL RECORD — SENATE July 19, 2001 had certain responsibilities, and one of Northern District of Alabama, South- fact, it is something to be concerned those responsibilities is things about ern Division, in a case captioned about. which we are speaking, things we can- ‘‘Prewitt Enterprises, Inc. v. Organiza- In an era where we are struggling not do for ourselves. Only governments tion of the Petroleum Exporting Coun- with an extraordinarily difficult time can do roads, highways, bridges, dams, tries.’’ In that case, neither OPEC nor of high energy costs, with real con- sewers, water systems. So we go right any of the other countries involved cerns laid on the floor of the Senate back to the basic book of the free en- contested the case, and a default judg- about where additional drilling ought terprise system, and that is what we ment was entered by the Federal court, to be undertaken, about the problems are talking about. which made some findings of fact right with fossil fuels, about our activities to Mr. SARBANES. That is right. in line with the issues which had been try to find clean coal technology to f raised in my letters to both Presidents comply with the Clean Air Act, at a Clinton and Bush. time when we are looking for renew- ENERGY, OPEC, AND ANTITRUST The court found that OPEC had con- able energy sources such as air and LAW spired to implement extensive produc- wind and hydroelectric power, there is Mr. SPECTER. Mr. President, I have tion cuts, that they had established a long finger to point at the OPEC na- sought recognition to discuss briefly quotas in order to achieve a specific tions which are conspiring to drive up this afternoon, in the absence of any price range of $22 to $28 a barrel, and prices in violation not only of U.S. law activity on the pending legislation, and that the cost to U.S. consumers on a but in violation of international law. in the absence of any other Senator daily basis was in the range of $80 to This is a subject which ought to be seeking recognition, to discuss a sub- $120 million for petroleum products. known to people generally. It ought to ject which was talked about at the en- That is worth repeating. The cost to be the subject of debate, and it ought ergy town meeting which Vice Presi- U.S. consumers was $80 to $120 million to be, in my opinion, beyond a class ac- dent CHENEY had in Pittsburgh on Mon- daily. tion brought into the Federal court by day of this week, July 16. The court further found that OPEC private plaintiffs, which is something At that time, I had an opportunity to was not a foreign state. The court also that the Government of the United address very briefly a number of energy found that the member states of OPEC, States of America ought to consider issues. I talked about the possibility of although not parties to the action, doing as has been set forth in the let- action under the U.S. antitrust laws were coconspirators with OPEC, and ters which I sent to President Clinton against OPEC which could have the ef- that the agreement entered into by the last year and to President Bush this fect of bringing down the price of pe- member states of OPEC was a commer- year. troleum and, in turn, the high prices of cial activity, and the states, therefore, It is especially telling when we have gasoline which American consumers did not have sovereign immunity for Kuwait gouging American consumers, are paying at the present time. their actions. after the United States went to war in I have had a number of comments The court further found that the act the Persian Gulf to save Kuwait. It is about people’s interest in that presen- of state doctrine did not apply to the equally if not more telling that Saudi tation. I only had a little more then 3 member states and that OPEC’s ac- Arabia engages in these conspiratorial minutes to discuss this OPEC issue and tions were illegal ‘‘per se’’ under the tactics at a time when we have over some others. I thought it would be Sherman and Clayton Acts. 5,000 American men and women in the worthwhile to comment on this subject The court then issued an injunction, desert outside of Riyadh. I have visited in this Senate Chamber today so that which is legalese for saying OPEC there. It is not even a nice place to others might be aware of the possi- could no longer act in concert to con- visit, let alone a nice place to live, in bility of a lawsuit against OPEC under trol the volume of the production and a country where Christians can’t have the antitrust laws. export of crude oil. Christmas trees in the windows and I had written to President Clinton on The court found that the class of Jewish soldiers don’t wear the Star of April 11 of the year 2000 and had writ- plaintiffs was not entitled to monetary David for fear of being the victims of ten a similar letter to President damages because they were what is religious persecution; and Mexico, a George Bush on April 25 of this year, called ‘‘indirect purchasers.’’ That is a party to these practices, notwith- 2001, outlining the subject matter as to legal concept which is rather involved standing our efforts to be helpful to the the potential for a lawsuit against which I need not discuss at this time. Government of Mexico. OPEC. The essential considerations in- But the outline was established, and But fair is fair. Conspiracies ought volved whether there is sovereign im- the findings of fact and conclusions of not to be engaged in. Price fixing ought munity from a lawsuit where an act of law were established by the Federal not to be engaged in. If there is a way state is involved, and the decisions in court that indeed there was a cartel, within our laws to remedy this, and I the field make a delineation between there was a conspiracy in restraint of believe there is, that is something what is commercial activity contrasted trade, U.S. laws were violated, U.S. which ought to be considered. with governmental activity. Commer- consumers were being prejudiced, and I am not unmindful of the tender dip- cial activity, such as the sale of oil, is an injunction was issued. lomatic concerns where every time an not something which is covered by the Then, a unique thing occurred. After issue is raised, we worry about what act of state doctrine, and therefore is the court entered its default judgment one of the foreign governments is going not an activity which enjoys sovereign and injunction, OPEC entered a special to do, what Saudi Arabia is going to immunity. appearance in the case, and asked the do—that we should handle them with There have also been some limita- court to dismiss the case. Three na- ‘‘silk gloves’’ only. But when American tions on matters involving inter- tions, who were not parties to the consumers are being gouged up to $100 national law, as to whether there is a case—Saudi Arabia, Kuwait, and Mex- million a day on petroleum products, consensus in international law that ico—then sought leave of the court to this is something we ought to consider price fixing by cartels violates inter- file ‘‘amicus’’ briefs in support of and, in my judgment, we ought to act national norms. In recent years, there OPEC’s motion to dismiss, which on. has been a growing consensus that such means, in effect, that they wanted to We have seen beyond the issue of cartels do violate international norms, assist OPEC in defending the matter. I antitrust enforcement a new era of so that now there is a basis for a law- think it is highly significant that those international law, with the War Crimes suit under U.S. antitrust laws against nations, which are characteristically Tribunal at The Hague prosecuting war OPEC and, beyond OPEC, against the and customarily oblivious and indif- criminals from Yugoslavia, and now countries which comprise OPEC. ferent and seek to simply ignore U.S. former President Milosevic is in cus- After writing these letters to Presi- judicial action, had a change of heart tody. We also have the War Crimes Tri- dent Clinton and President Bush, I and decided to come in. bunal at Rwanda. A new era has found that there had, in fact, been liti- They must have concluded that an dawned where we are finding that the gation instituted on this precise sub- injunction by Federal court was some- international rule of law is coming into ject in the U.S. District Court for the thing to be concerned about. I think, in common parlance. That long arm of

VerDate 19-JUL-2001 05:31 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.018 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7943 the law, I do believe, extends to OPEC, ernmental activity,’’ then the FSIA shields ICJ would be willing to move in this direc- and there could be some very unique them from suit in U.S. courts. If, however, tion. In a number of contexts, we have seen remedies for U.S. consumers. these nations are engaging in ‘‘commercial a greater respect for and adherence to funda- I ask unanimous consent to print my activity,’’ then they are subject to suit in mental international principles and norms the U.S. The California District Court held by the world community. For example, we letter to President Bush, dated April that OPEC activity is ‘‘governmental activ- have seen the establishment of the Inter- 25, 2001, in the RECORD. ity.’’ We disagree. It is certainly a govern- national Criminal Court in 1998, the Inter- There being no objection, the letter mental activity for a nation to regulate the national Criminal Tribunal for Rwanda in was ordered to be printed in the extraction of petroleum from its territory by 1994, and the International Criminal Tri- RECORD, as follows: ensuring compliance with zoning, environ- bunal for the former Yugoslavia in 1993. Each mental and other regulatory regimes. It is of these bodies has been active, handing U.S. SENATE, clearly a commercial activity, however, for down numerous indictments and convictions Washington, DC, April 25, 2001. these nations to sit together and collude to against individuals who have violated funda- President GEORGE WALKER BUSH. limit their oil production for the sole pur- mental principles of human rights. The White House, pose of increasing prices. Today, adherence to international prin- Washington, DC. The 9th Circuit affirmed the District ciples has spread from the tribunals in the DEAR MR. PRESIDENT: In light of the en- Court’s ruling in Int. Assoc. of Machinists in Hague to individual nations around the ergy crisis and the high prices of OPEC oil, 1981 (649 F.2d 1354), but on the basis of an en- world. The exiled former dictator of Chad, we know you will share our view that we tirely different legal principle. The 9th Cir- Hissene Habre, was indicted in Senegal on must explore every possible alternative to cuit held that the Court could not hear this changes of torture and barbarity stemming stop OPEC and other oil-producing states case because of the ‘‘act of state’’ doctrine, from his reign, where he allegedly killed and from entering into agreements to restrict oil which holds that a U.S. court will not adju- tortured thousands. This case is similar to production in order to drive up the price of dicate a politically sensitive dispute which the case brought against former Chilean dic- oil. would require the court to judge the legality tator Augusto Pinochet by Spain on the This conduct is nothing more than an old- of the sovereign act of a foreign state. basis of his alleged atrocities in Chile. At the fashioned conspiracy in restraint of trade The 9th Circuit itself acknowledged in its request of the Spanish government, Pinochet which has long been condemned under U.S. Int. Assoc. of Machinists opinion that ‘‘The was detained in London for months until an law, and which should be condemned under [act of state] doctrine does not suggest a English court determined that he was too ill international law. rigid rule of application,’’ but rather applica- to stand trial. After some research, we suggest that seri- tion of the rule will depend on the cir- While these emerging norms of inter- ous consideration be given to two potential cumstances of each case. The Court also national behavior have tended to focus on lawsuits against OPEC and the nations con- noted that, ‘‘A further consideration is the human rights than on economic principles, spiring with it: availability of internationally-accepted legal there is one economic issue on which an (1) A suit in Federal district court under principles which would render the issues ap- international consensus has emerged in re- U.S. antitrust law. propriate for judicial disposition.’’ The Court cent years—the illegitimacy of price fixing (2) A suit in the International Court of Jus- then quotes from the Supreme Court’s opin- by cartels. For example, on April 27, 1988, the tice at the Hague based upon ‘‘the general ion in Banco Nacional de Cuba v. Sabbatino, Organization for Economic Cooperation and principles of law recognized by civilized na- 376 U.S. 398 (1964): ‘‘It should be apparent Development issued an official ‘‘Rec- tions.’’ that the greater the degree of codification or ommendation’’ that all twenty-nine member (1) A suit in Federal district court under consensus concerning a particular area of nations ‘‘ensure that their competition laws U.S. antitrust law. international law, the more appropriate it is effectively halt and deter hard core cartels.’’ A strong case can be made that your Ad- for the judiciary to render decisions regard- The recommendation defines ‘‘hard core car- ministration can sue OPEC in Federal dis- ing it, since the courts can then focus on the tels’’ as those which, among other things, fix trict court under U.S. antitrust law. OPEC is application of an agreed principle to cir- prices or establish output restriction quotas. clearly engaging in a ‘‘conspiracy in re- cumstances of fact rather than on the sen- The Recommendation further instructs straint of trade’’ in violation of the Sherman sitive task of establishing a principle not in- member countries ‘‘to cooperate with each Act (15 U.S.C. Sec. 1). The Administration consistent with the national interest or with other in enforcing their laws against such has the power to sue under 15 U.S.C. Sec. 4 international justice.’’ cartels.’’ for injunctive relief to prevent such collu- Since the 9th circuit issued its opinion in On October 9, 1998, eleven Western Hemi- sion. 1981, there have been major developments in sphere countries held the first ‘‘antitrust In addition, the Administration has the international law that impact directly on Summit of the Americas’’ in Panama City, power to sue OPEC for treble damages under the subject matter at issue. As we discuss in Panama. At the close of the summit, all the Clayton Act (15 U.S.C. Sec. 15a), since greater detail below, the 1990’a have wit- eleven participants issued a joint commu- OPEC’s behavior has caused an ‘‘injury’’ to nessed a significant increase in efforts to nique in which they express their intention U.S. ‘‘property.’’ After all, the U.S. govern- seek compliance with basic international ‘‘to affirm their commitment to effective en- ment is a consumer of petroleum products norms of behavior through international forcement of sound competition laws, par- and must now pay higher prices for these courts and tribunals. In addition, there is ticularly in combating illegal price-fixing, products. In Reiter v. Sonotone Corp, 442 strong evidence of an emerging consensus in bid-rigging, and market allocation.’’ The U.S. 330 (1979), the Supreme Court held that international law that price fixing by cartels communique further expresses the intention the consumers of certain hearing aides who violates such international norms. Accord- of these countries to ‘‘cooperate with one an- alleged that collusion among manufacturers ingly, a court choosing to apply the act of other . . . to maximize the efficacy and effi- had led to an increase in prices had standing state doctrine to a dispute with OPEC today ciency of the enforcement of each country’s to sue those manufacturers under the Clay- may very well reach a different conclusion competition laws.’’ ton Act since ‘‘a consumer deprived of than the 9th Circuit reached almost twenty The behavior of OPEC and other oil-pro- money by reason of allegedly anticompeti- years ago. ducing nations in restraint of trade violates tive conduct is injured in ‘property’ within (2) A suit in the International Court of Jus- U.S. antitrust law and basic international the meaning of [the Clayton Act].’’ tice at the Hague based upon ‘‘the general norms, and it is injuring the United States One issue that would be raised by such a principles of law recognized by civilized na- and its citizens in a very real way. We hope suit is whether the Foreign Sovereign Immu- tions.’’ you will seriously consider judicial action to nities Act (‘‘FSIA’’) provides OPEC, a group In addition to such domestic antitrust ac- put an end to such behavior. of sovereign foreign nations, with immunity tions, we believe you should give serious con- We hope that you will seriously consider from suit in U.S. courts. To date, only one sideration to bringing a case against OPEC judicial action to put an end to such behav- Federal court, the District Court for the before the International Court of Justice ior. Central District of California, has reviewed (the ‘‘ICJ’’) at the Hague. You should con- ARLEN SPECTER. this issue. In International Association of sider both a direct suit against the con- CHARLES SCHUMER. Machinists v. OPEC, 477 F. Supp. 553 (1979), spiring nations as well as a request for an ad- HERB KOHL. the Court held that the nations which com- visory opinion from the Court through the STROM THURMOND. prise OPEC were immune from suit in the auspices of the U.N. Security Council. The MIKE DEWINE. United States under the FSIA. We believe actions of OPEC in restraint of trade violate Mr. SPECTER. I will not include my that this opinion was wrongly decided and ‘‘the general principles of law recognized by letter to President Clinton, dated April that other district courts, including the D.C. civilized nations.’’ Under Article 38 of the 11, 2000, because the two letters are District, can and should revisit the issue. Statute of the ICJ, the Court is required to largely the same. This decision in Int. Assoc. of Machinists apply these ‘‘general principles’’ when decid- I further ask unanimous consent that turned on the technical issue of whether or ing cases before it. not the nations which comprise OPEC are This would clearly be a cutting-edge law- the first caption page of the case enti- engaging in ‘‘commercial activity’’ or ‘‘gov- suit, making new law at the international tled ‘‘Prewitt Enterprises v. Organiza- ernmental activity’’ when they cooperate to level. But there have been exciting develop- tion of Petroleum Exporting Coun- sell their oil. If they are engaging in ‘‘gov- ments in recent years which suggest that the tries’’ be printed in the RECORD so that

VerDate 19-JUL-2001 05:31 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.013 pfrm04 PsN: S19PT1 S7944 CONGRESSIONAL RECORD — SENATE July 19, 2001 those who study the CONGRESSIONAL members of the Committee, or any Sub- or any other meeting but shall not have the RECORD may have a point of reference committee, when it is determined that the authority to vote on any matter before the to get the entire case and do any re- matter to be discussed or the testimony to Subcommittee unless he or she is a Member search which anybody might care to be taken at such meeting or meetings— of such Subcommittee. (A) will disclose matters necessary to be 2. Subcommittees shall be considered de do. kept secret in the interests of national de- novo whenever there is a change in the There being no objection, the mate- fense or the confidential conduct of the for- chairmanship, and seniority on the par- rial was ordered to be printed in the eign relations of the United States; ticular Subcommittee shall not necessarily RECORD, as follows: (B) will relate solely to matters of Com- apply. [In the United States District Court for the mittee staff personnel or internal staff man- VI. CONSIDERATION OF BILLS AND RESOLUTIONS Northern District of Alabama, Southern agement or procedure; It shall not be in order during a meeting of Division, Civil Action Number CV–00–W– (C) will tend to charge an individual with the Committee to move to proceed to the 0865–S] crime or misconduct, to disgrace or injure consideration of any bill or resolution unless the professional standing of an individual, or PREWITT ENTERPRISES, INC., ON ITS OWN BE- the bill or resolution has been filed with the otherwise to expose an individual to public HALF AND ON BEHALF OF ALL OTHERS SIMI- Clerk of the Committee not less than 48 contempt or obloquy, or will represent a LARLY SITUATED, PLAINTIFFS, vs. ORGANIZA- hours in advance of the Committee meeting, clearly unwarranted invasion of the privacy TION OF THE PETROLEUM EXPORTING COUN- in as many copies as the Chairman of the of an individual; TRIES, DEFENDANT Committee prescribes. This rule may be (D) will disclose the identity of an in- FINDINGS OF FACT AND CONCLUSIONS OF LAW waived with the concurrence of the Chair- former or law enforcement agent or will dis- man and the ranking minority member of This antitrust class action is now before close any information relating to the inves- the full Committee. the Court on the Application and Memo- tigation or prosecution of a criminal offense randum of Law in Support of Application for that is required to be kept secret in the in- f Default Judgment and Appropriate Declara- terests of effective law enforcement; REPORT ON ACTIVITIES OF U.S. tory and Injunctive Relief by plaintiff (E) will disclose information relating to DELEGATION TO THE PAR- the trade secrets of, or financial or commer- Prewitt Enterprises, Inc., on its own behalf LIAMENTARY ASSEMBLY OF THE and on behalf of the Class. cial information pertaining specifically to, a On January 9, 2001, the Court entered a given person if— ORGANIZATION FOR SECURITY Show Cause Order directing defendant Orga- (1) an Act of Congress requires the infor- AND COOPERATION IN EUROPE nization of the Petroleum Exporting Coun- mation to be kept confidential by Govern- Mr. CAMPBELL. Mr. President, I am tries, to appear before the Court on March 8, ment officers and employees; or pleased to report to my colleagues in (2) the information has been obtained by 2001, and show cause, if any it has, why the United States Senate on the work plaintiff’s Application should not be granted the Government on a confidential basis, and why judgment by default against it other than through an application by such of the bicameral congressional delega- should not be entered. Defendant OPEC was person for a specific Government financial or tion which I chaired that participated served with the said Show Cause Order and other benefit, and is required to be kept se- in the Tenth Annual Session of the the Application by means of Federal Express cret in order to prevent undue injury to the Parliamentary Assembly of the Organi- international delivery at its offices in Vi- competitive position of such person; or zation for Security and Cooperation in enna, Austria, to the attention of the Office (F) may divulge matters required to be Europe, OSCE PA, hosted by the of the Secretary General. The proof . . . kept confidential under other provisions of French Parliament, the National As- law or Government regulations. * * * * * 3. Each witness who is to appear before the sembly and the Senate, in Paris, July f Committee or any Subcommittee shall file 6–10, 2001. Other participants from the United States Senate were Senator RULES GOVERNING PROCEDURES with the Committee, at least 24 hours in ad- vance of the hearing, a written statement of HUTCHISON of Texas and Senator FOR THE COMMITTEE ON COM- his testimony in as many copies as the VOINOVICH of Ohio. We were joined by MERCE, SCIENCE, AND TRANS- Chairman of the Committee or Sub- 12 Members of the House of Representa- PORTATION committee prescribes. tives: cochairman SMITH of New Jersey, 4. Field hearings of the full Committee, Mr. HOLLINGS. Mr. President, the Mr. HOYER, Mr. CARDIN, Ms. SLAUGH- Senate Committee on Commerce, and any Subcommittee thereof, shall be scheduled only when authorized by the TER, Mr. MCNULTY, Mr. HASTINGS of Science, and Transportation has adopt- Chairman and ranking minority member of Florida, Mr. KING, Mr. BRYANT, Mr. ed modified rules governing its proce- the full Committee. WAMP, Mr. PITTS, Mr. HOEFFEL and Mr. dures for the 107th Congress. Pursuant II. QUORUMS TANCREDO. to Rule XXVI, paragraph 2, of the 1. Thirteen members shall constitute a En route to Paris, the delegation Standing Rules of the Senate, on behalf quorum for official action of the Committee stopped in Caen, France and traveled of myself and Senator MCCAIN, I ask when reporting a bill, resolution, or nomina- to Normandy for a briefing by General unanimous consent that a copy of the tion. Proxies shall not be counted in making Joseph W. Ralston, Commander in Committee rules be printed in the a quorum. Chief of the U.S. European Command RECORD. 2. Eight members shall constitute a and Supreme Allied Commander Eu- There being no objection, the mate- quorum for the transaction of all business as rope, on security developments in Eu- rial was ordered to be printed in the may be considered by the Committee, except for the reporting of a bill, resolution, or rope, including developments in Mac- RECORD, as follows: nomination. Proxies shall not be counted in edonia, Kosovo, and Bosnia- RULES OF THE SENATE COMMITTEE ON making a quorum. Herzegovina as well as cooperation COMMERCE, SCIENCE, AND TRANSPORTATION 3. For the purpose of taking sworn testi- with the International Criminal Tri- I. MEETINGS OF THE COMMITTEE mony a quorum of the Committee and each bunal for the former Yugoslavia. 1. The regular meeting dates of the Com- Subcommittee thereof, now or hereafter ap- At the Normandy American Ceme- mittee shall be the first and third Tuesdays pointed, shall consist of one Senator. tery, members of the delegation par- of each month. Additional meetings may be III. PROXIES ticipated in ceremonies honoring those called by the Chairman as he may deem nec- When a record vote is taken in the Com- Americans killed in D–Day operations. essary or pursuant to the provisions of para- mittee on any bill, resolution, amendment, Maintained by the American Battle graph 3 of rule XXVI of the Standing Rules or any other question, a majority of the Monuments Commission, the cemetery of the Senate. members being present, a member who is un- is the final resting place for 9,386 2. Meetings of the Committee, or any Sub- able to attend the meeting may submit his committee, including meetings to conduct or her vote by proxy, in writing or by tele- American servicemen and women and hearings, shall be open to the public, except phone, or through personal instructions. honors the memory of the 1,557 miss- that a meeting or series of meetings by the IV. BROADCASTING OF HEARINGS ing. The delegation also visited the Committee, or any Subcommittee, on the Public hearings of the full Committee, or Pointe du Hoc Monument honoring ele- same subject for a period of no more than 14 ments of the 2d Ranger Battalion. calendar days may be closed to the public on any Subcommittee thereof, shall be televised or broadcast only when authorized by the In Paris, the combined U.S. delega- a motion made and seconded to go into tion of 15, the largest representation by closed session to discuss only whether the Chairman and the ranking minority member matters enumerated in subparagraphs (A) of the full Committee. any country in the Assembly was wel- through (F) would require the meeting to be V. SUBCOMMITTEES comed by others as a demonstration of closed, followed immediately by a record 1. Any member of the Committee may sit the continued commitment of the vote in open session by a majority of the with any Subcommittee during its hearings United States, and the U.S. Congress,

VerDate 19-JUL-2001 06:10 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.014 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7945 to Europe. The central theme of OSCE Anti-Ballistic Missile Treaty in the Clinton signed into law the Violence PA’s Tenth Annual Session was ‘‘Euro- General Committee on Political Affairs Against Women Act of 2000. The law in- pean Security and Conflict Prevention: and Security, chaired by Mr. HASTINGS, stituted welcome changes in Federal Challenges to the OSCE in the 21st which focused on the European Secu- criminal law relating to stalking, do- Century.’’ rity and Defense Initiative. mestic abuse and sex offense cases. In This year’s Assembly brought to- An amendment I introduced in the addition, VAWA 2000 created programs gether nearly 300 parliamentarians General Committee on Economic Af- to prevent sexual assaults on college from 52 OSCE participating States, in- fairs, Science, Technology and Envi- campuses, establish transitional hous- cluding the first delegation from the ronment on promoting social, edu- ing for victims of domestic abuse and Federal Republic of Yugoslavia fol- cational and economic opportunity for enhance protections for elderly and dis- lowing Belgrade’s suspension from the indigenous peoples won overwhelming abled victims of domestic violence. OSCE process in 1992. Seven countries, approval, making it the first ever such The importance of the Violence including the Russian Federation and reference to be included in an OSCE PA Against Women Act should not be un- the Federal Republic of Yugoslavia, declaration. Other U.S. amendments derestimated. However, if we are to were represented at the level of Speak- focused on property restitution laws, comprehensively address this issue, we er of Parliament or President of the sponsored by Mr. CARDIN, and adoption cannot ignore the impact of gun vio- Senate. Following a decision taken of comprehensive non-discrimination lence on women. According to studies earlier in the year, the Assembly with- laws, sponsored by Mr. HOYER. cited by the Violence Policy Center, in held recognition of the pro- Amendments by members of the U.S. 1998, in homicides where the weapon Lukashenka National Assembly given delegation on the General Committee was known, 50 percent of female homi- serious irregularities in Belarus’ 2000 on Democracy, Human Rights and Hu- cide victims were killed with a firearm. parliamentary elections. In light of the manitarian Questions focused on the Of those murdered women, more than expiration of the mandate of the demo- plight of Roma, by Mr. SMITH; citizen- three quarters were killed with a hand- cratically elected 13th Supreme Soviet, ship, by Mr. HOYER; and Nazi-era com- gun. And that same year, for every one no delegation from the Republic of pensation and restitution, and reli- time that a woman used a handgun to Belarus was seated. gious liberty, by Ms. SLAUGHTER. Dele- kill in self-defense, 101 women were The inaugural ceremony included a gation members also took part in de- murdered by a handgun. welcoming addresses by the OSCE PA bate on the abolition of the death pen- While the firearms industry markets President Adrian Severin, Speaker of alty, an issue raised repeatedly during gun to women—asserting that owning a the National Assembly, Raymond the Assembly and in discussions on the gun will make women safer—the statis- Forni and the Speaker of the Senate, margins of the meeting. tics support the point made by Karen While in Paris, members of the dele- Christian Poncelet. The French Min- Brock, an analyst with the Violence gation held an ambitious series of ister of Foreign Affairs, Hubert Policy Center, ‘‘Handguns don’t offer meetings, including bilateral sessions Ve´drine also addressed delegates dur- with representatives from the Russian women protection; they guarantee ing the opening plenary. The OSCE Federation, the Federal Republic of peril.’’ Chairman-in-Office, Romanian Foreign Yugoslavia, the United Kingdom, and f Minister Mircea Geoana, presented re- Kazakhstan. Members met with the marks and responded to questions from LOCAL LAW ENFORCEMENT ACT President of the French National As- the floor. OF 2001 sembly to discuss diverse issues in Presentations were also made by sev- Mr. SMITH of Oregon. Mr. President, U.S.-French relations including mili- eral other senior OSCE officials, in- I rise today to speak about hate crimes tary security, agricultural trade, cluding the OSCE Secretary General, legislation I introduced with Senator human rights and the death penalty. A the High Commissioner on National KENNEDY in March of this year. The meeting with the Romanian Foreign Minorities, the Representative on Free- Local law Enforcement Act of 2001 Minister included a discussion of the dom of the Media, and the Director of would add new categories to current missile defense initiative, policing in the OSCE Office for Democratic Insti- hate crimes legislation sending a sig- the former Yugoslavia, and inter- tutions and Human Rights. nal that violence of any kind is unac- national adoption policy. The 2001 OSCE PA Prize for Jour- Staff of the U.S. Embassy provided ceptable in our society. nalism and Democracy was presented members with an overview of U.S.- I would like to describe a terrible to the widows of the murdered journal- French relations. Members also at- crime that occurred February 21, 1997 ´ ´ ists Jose Luis Lopez de Lacalle of tended a briefing by legal experts on in Atlanta, GA. A bomb exploded at a Spain and Georgiy Gongadze of developments affecting the right of in- gay nightclub and another bomb was Ukraine. The Spanish and Ukrainian dividuals to profess and practice their found outside the club during the in- journalists were posthumously awarded religion or belief. A session with rep- vestigation. Packed with nails, the the prize for their outstanding work in resentatives of U.S. businesses oper- bomb exploded in the rear patio section furthering OSCE values. ating in France and elsewhere in Eu- of the lounge shortly before 10 p.m. Members of the U.S. delegation rope provided members with insight Two people were treated for injuries re- played a leading role in debate in each into the challenges of today’s global sulting from the flying shrapnel. An of the Assembly’s three General Com- economy. extremist group called ‘‘Army of God’’ mittees—Political Affairs and Secu- Elections for officers of the Assembly claimed responsibility for the bomb. rity; Economic Affairs, Science, Tech- were held during the final plenary. Mr. I believe that Government’s first nology and Environment; and Democ- Adrian Severin of Romania was re- duty is to defend its citizens, to defend racy, Human Rights and Humanitarian elected President. Senator Jerahmiel them against the harms that come out Questions. U.S. sponsored resolutions Graftstein of Canada was elected of hate. The Local Law Enforcement served as the focal point for discussion Treasurer. Three of the Assembly’s Enhancement Act of 2001 is now a sym- on such timely topics as ‘‘Combating nine Vice-Presidents were elected to bol that can become substance. I be- Corruption and International Crime in three-year terms: Alcee Hastings, lieve that by passing this legislation, the OSCE Region,’’ a resolution I spon- U.S.A., Kimmo Kiljunen, Finland, and we can change hearts and minds as sored; ‘‘Southeastern Europe,’’ by Sen- Ahmet Tan, Turkey. The Assembly’s well. ator VOINOVICH; ‘‘Prevention of Tor- Standing Committee agreed that the f ture, Abuse, Extortion or Other Unlaw- Eleventh Annual Session of the OSCE IN RECOGNITION OF THE HMONG ful Acts’’ and ‘‘Combating Trafficking Parliamentary Assembly will be held SPECIAL GUERRILLA UNITS in Human Beings,’’ by Mr. Smith; next July in Berlin, Germany. Mr. LEVIN. Mr. President, this week- ‘‘Freedom of the Media,’’ by Mr. f HOYER; and, ‘‘Developments in the end members of the Lao-Hmong Amer- North Caucasus,’’ by Mr. CARDIN. WOMEN AND GUN VIOLENCE ican Coalition, Michigan Chapter, their Senator HUTCHISON played a particu- Mr. LEVIN. Mr. President, just last friends and supporters will gather in larly active role in debate over the year the Congress passed and President my home State of Michigan to pay

VerDate 19-JUL-2001 05:31 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.120 pfrm04 PsN: S19PT1 S7946 CONGRESSIONAL RECORD — SENATE July 19, 2001 tribute to thousands of courageous Americans about the sacrifices made extraordinary woman. Hers is a story Hmongs who selflessly fought alongside by this independent and freedom loving that underscores the profound need in of and in support of the United States people. I know that my Senate col- this country for immediate reform of military during the Vietman War. The leagues will join me, and my colleague the way we provide health coverage to efforts of the Hmong Special Guerrilla from the State of Michigan, in com- our citizens. We owe it to patients like Units were unknown to the American mending the Hmong Special Guerrilla Donna to sign patients protections into public during the conflict in Vietnam, Units for their bravery, sacrifice, and law as soon as possible to ensure that and the 6th Annual Commemoration of commitment to freedom. we can provide the best medical treat- the U.S. Lao-Hmong Special Guerrilla f ment possible to everyone who needs Units Veterans Recognition Day is part it. THE VERY BAD DEBT BOXSCORE of the important effort to acknowledge We have lost an ally, but I have faith the role played by the Hmong people in Mr. HELMS. Mr. President, at the that we will not lose the fight for this war. close of business yesterday, Wednes- greater patient protections. It saddens Ms. STABENOW. My colleague from day, July 18, 2001, the Federal debt me greatly that Donna will not be here Michigan is correct in stating that stood at $5,712,502,926,348.50, five tril- to see it happen. She was an amazing Hmong Special Guerrilla Units played lion, seven hundred twelve billion, five soul whose determination and strength an important role in assisting US ef- hundred two million, nine hundred will never forget.∑ forts in the Vietnam conflict, often twenty-six thousand, three hundred f times at great sacrifice to themselves. forty-eight dollars and fifty cents. One year ago, July 18, 2000, the Fed- TRIBUTE TO LANCE CPL. SEAN M. From 1961 to 1975 it is estimated that HUGHES about 25,000 young Hmong men and eral debt stood at $5,680,376,000,000, five ∑ boys were fighting the Communist Lao trillion, six hundred eighty billion, Mr. SMITH of New Hampshire. Mr. and North Vietnamese. The Hmong three hundred seventy-six million. President, I rise today to pay tribute Special Guerrilla Units were known as Five years ago, July 18, 1996, the Fed- to Lance Cpl. Sean Hughes of Milton, the United States’ Secret Army, and eral debt stood at $5,168,794,000,000, five NH, who gave his life for our country their valiant efforts ensured the safety trillion, one hundred sixty-eight bil- on July 10, 2001, when a Marine Corps helicopter participating in a training and survival of countless U.S. soldiers. lion, seven hundred ninety-four mil- Mr. LEVIN. The Senator is correct. lion. exercise went down in Sneads Ferry, Hmong Special Guerrilla Units ac- Ten years ago, July 18, 1991, the Fed- NC. Sean was a graduate of Nute High tively supported the United States, and eral debt stood at $3,546,904,000,000, School in Milton, NH. He joined the risked great loss of life to save downed three trillion, five hundred forty-six Marine Corps on July 14, 1999, following United States pilots and protect our billion, nine hundred four million. Fifteen years ago, July 18, 1986, the the military tradition of his father and troops. While the Special Guerrilla Federal debt stood at $2,070,143,000,000, grandfather who both served as mem- Units may have operated in secret, two trillion, seventy billion, one hun- bers of the United States Air Force. An their efforts, courage and sacrifices dred forty-three million, which reflects extremely talented and highly intel- have been kept secret for far too long. a debt increase of more than $3.5 tril- ligent Crew Chief with Marine Heli- The word Hmong means ‘‘free people,’’ lion, $3,642,359,926,348.50, three trillion, copter Squadron 365, Sean will always and celebrations such as this com- six hundred forty-two billion, three be remembered as the little boy who memoration will raise awareness of the hundred fifty-nine million, nine hun- enjoyed watching planes take off and loyalty, bravery and independence ex- dred twenty-six thousand, three hun- land at the flight line with his father. hibited by the Hmong people. An artist, athlete, and committed Ms. STABENOW. It is important that dred forty-eight dollars and fifty cents during the past 15 years. Marine, friends each remember him as the sacrifices made by the Hmong peo- an exceptional person with a gentle f ple are honored by all Americans. heart. Those who knew him best de- These rugged people, from the hills of ADDITIONAL STATEMENTS scribed him as ‘‘irreplaceable,’’ ‘‘a dear Laos, paid a great cost because of their friend,’’ and one that has ‘‘enriched love of freedom and their support of their lives simply by having known TRIBUTE TO DONNA CENTRELLA the United States. It is estimated that him.’’ His constant smile will be over 40,000 Hmong died during the Viet- ∑ Mrs. CLINTON. Mr. President, I rise missed, as will his unwavering devotion nam War. Thousands more were forced today to pay tribute to Donna to this country. to flee to refugee camps, and approxi- Centrella, a very special woman whom As a fellow veteran, I commend Sean mately 60,000 Hmongs immigrated to I met 2 years ago during my campaign for his service in the U.S. Marine United States. in New York. Donna died on Monday Corps. Hundreds of Marines, friends, Mr. LEVIN. As the Senator from after a long, brave battle with ovarian and family lost a devoted scholar, Michigan knows, thousands of Hmongs cancer. friend, brother, and son. The people of immigrated to the United States after I first met Donna in September 1999, New Hampshire and the country lost an the Vietnam War. The transition to life when I visited Massena Memorial Hos- honorable soldier with a deeply held in the United States has not always pital in Massena, NY. Donna had been sense of patriotism. The determination been easy, but the Hmong community diagnosed with ovarian cancer in Au- and devotion he possessed as a Marine, has grown and is prospering. There are gust, but did not have health insurance and an individual, will not soon be for- nearly 200,000 Hmong in the United to cover her treatment. Miraculously, gotten. States, and many of them live in our she found a doctor who would treat her I send my sincere sympathy and home State of Michigan. It is impor- without insurance and she was able to prayers to Sean’s family and wish them tant that those who fought in the Spe- afford care through a variety of State Godspeed during this difficult time in cial Guerrilla Units are honored for programs. their lives. It is truly an honor to have their actions. These units, like all Perhaps even more astounding was represented Lance Cpl. Hughes in the those who served the cause of freedom, her doctor’s statement that she was ac- U.S. Senate.∑ must know that we appreciate the tually better off without managed care f great sacrifices made by the Special coverage because he could better treat Guerrilla Units. her that way. Without HMO con- STRAND FAMILY FARM 100TH Ms. STABENOW. I would concur with straints, they were free to make the ANNIVERSARY TRIBUTE my good friend that events such as the decisions about the best procedures to ∑ Mr. DORGAN. Mr. President, I pay 6th Annual Commemoration of U.S. follow for her treatment and care—her tribute today to a North Dakota family Lao-Hmong Special Guerrilla Units doctor could keep her in the hospital as that exemplifies the spirit of rural life Veterans Recognition Day play an im- long as needed and he would not have and all that it contributes to our Na- portant role in honoring these coura- to get preapproval for surgery. tion. The Strand family, of Regan, ND, geous veterans. This celebration will I have retold Donna’s unbelievable will this week celebrate 100 years on also educate future generations of story many times since meeting this the family farm.

VerDate 19-JUL-2001 05:31 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.125 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7947 Andrew and Anna Strand arrived in IN RECOGNITION OF CORNER- the Indians are just one of four Amer- North Dakota in 1901, brought by emi- STONES COMMUNITY PARTNER- ican League teams to spend their en- grant train to Wilton, ND. Then, with SHIPS IN THE 2001 SMITHSONIAN tire history in one city. The Indians only a team of horses, a wagon, a walk- FOLKLIFE FESTIVAL have been loyal to their fans, and the ing breaking plow, a disc, and a drill, ∑ Mr. DOMENICI. Mr. President, I rise fans have, in turn, been loyal to their Andrew and Anna set about making a today to recognize the skill and ar- team. After Jacob’s Field was built in home in the small community of tistry of those involved in the 2001 1994, fans responded by selling out 455 Regan. Smithsonian Folklife Festival. Specifi- consecutive games. And, the Indians From those meager beginnings, Anna cally, the festival focused on the Mas- led Major League Baseball in attend- and Andrew raised a family of six chil- ters of Building Arts program featuring ance last year for the first time since dren and, just like thousands of other craftspeople skilled in the various 1948. North Dakotans at that time, they styles of the building trades. The Indians are a treasure for the built a successful family farm and did I am pleased to announce that Cor- City of Cleveland and the State of the hard work that eventually carved nerstones Community Partnerships of Ohio, but I also believe the Indians hardy communities from the prairie. Santa Fe, NM, participated in this an- hold a larger significance for America. Today, the Strand family farm is nual celebration of folk art. Corner- Walt Whitman once wrote that base- still being farmed by Andrew and stones Community Partnerships is a ball was ‘‘America’s game . . . it be- Anna’s grandchildren and great-grand- nonprofit organization serving to con- longs as much to our institutions, fits children. Four generations of Strands tinue the unique culture and traditions into them as significantly as our Con- have lived and worked on the land over of the southwest through preservation stitution’s laws . . . and it is just as the past century. As anyone who knows of traditional building techniques. important in the sum total of our his- will tell you, farming is hard work. As part of the festival, Cornerstones toric life.’’ I think Whitman had it ab- And the Strand family has kept that presented two restoration projects, the solutely right. Baseball is a vital part farm going through everything from San Esteban del Rey Church in Acoma of our American culture, and for 100 the Great Depression to droughts and Pueblo, NM, and the San Jose Mission years, the Cleveland Indians have floods. The family survived even the in Upper Rociada, NM. Both presen- served as an outstanding ambassador leanest years, times in the early part tations highlighted the rich cultural for the sport of baseball. of the last century when there was only techniques used in New Mexican archi- I congratulate the Cleveland Indians one good paying crop out of every 7 tecture. on a century of rich history, loyal fans, years. I commend the skills of these artists and great success. I hope that my col- While some have stayed to continue and artisans that participated in the leagues will join me in wishing the In- to work the land, others in the Strand folklife festival. They truly preserve dians the best of luck in the next 100 family have built lives and careers that our link to the past.∑ years.∑ contribute to our State, regional, and f f national life in a variety of other ways. Andrew and Anna’s descendants have CLEVELAND INDIANS 100 YEAR MESSAGES FROM THE PRESIDENT worked in healthcare, education, ANNIVERSARY Messages from the President of the music, public affairs, and agribusiness, ∑ Mr. DEWINE. Mr. President, today I United States were communicated to to name only a few. am here on the Floor to recognize the the Senate by Mr. Williams, one of his Anna and Andrew’s children left Cleveland Indians because this year, secretaries. their mark on our society in a pro- the team is celebrating an incredible f found way. Einar Strand helped build achievement, both for baseball and the United Nations building in New America. On April 24th, the Indians EXECUTIVE MESSAGES REFERRED York. Norton was involved in the agri- celebrated their 100th Anniversary. As in execution session the Presiding culture industry throughout North Da- Over the last century, Indians fans Officer laid before the Senate messages kota, South Dakota, Minnesota, and have seen their team win two World from the President of the United Montana. Alice became the head ad- Series and five American League Pen- States submitting sundry nominations ministrator at Ballard Hospital in Se- nants. One of my most vivid baseball which were referred to the appropriate attle, WA. Both Arthur and Barney, memories is the 1954 World Series, committees. worked the land as their father before which I attended with my dad when I (The nominations received today are them. Today, Barney, Jr., and his son was seven years old. printed at the end of the Senate pro- Richard continue the tradition of farm- I think the inaugural Indians man- ceedings.) ager, James McAleer, would have been ing on the original Strand homestead. f The Strand family also contributed proud to lead the Tribe teams of the to community life in many ways. In past five years in their string of five MESSAGES FROM THE HOUSE the early days, when help was needed Central Division Titles and two World At 2:17 p.m., a message from the in the fledgling community, the Strand Series appearances. The Indians claim House of Representatives, delivered by family was there; helping the local doc- 22 players in the Hall of Fame, includ- Ms. Niland, one of its reading clerks, tor on his daily rounds during the in- ing the following: announced that the House has passed fluenza outbreak of 1918, helping to Nap Lajoie, Tris Speaker, Cy Young (1937); the following bill, in which it requests build the first local schoolhouse, build- Jesse Burkett (1946); Bob Feller (1962); Elmer the concurrence of the Senate: Flick, Sam Rice (1963); Stan Coveleski (1969); ing township roads and more. H.R. 2500. An act making appropriations Lou Boudreau (1970); Satchel Paige (1971); for the Department of Commerce, Justice, Families like the Strand dem- Early Wynn (1972); Ralph Kiner (1975); Bob and State, the Judiciary, and related agen- onstrate the importance of preserving Lemon (1976); Joe Sewell, Al Lopez (1977); cies for the fiscal year ending September 30, the family farm and our rural commu- Addie Joss (1978); Frank Robinson (1982); 2002, and for other purposes. nities. They also remind us that family Hoyt Wilhelm (1985); Gaylord Perry, Bill farms produce more than the food that Veeck (1991); Phil Niekro (1997); Larry Doby (1998). At 5:52 p.m., a message from the feeds our Nation and the world. Family House of Representatives, delivered by farms also produce hardy, enduring Additionally, the Indians have re- Mr. Hays, one of its reading clerks, an- families that make our communities tired the numbers of six players, in- nounced that the House has passed the and our Nation strong. cluding: following bill, in which it requests the I congratulate them as they cele- Bob Lemon (21); Earl Averill (3); Lou concurrence of the senate: brates this 100-year anniversary of life Boudreau (5); Larry Doby (14); Mel Harder (18); Bob Feller (19). H.R. 1. An act to provide incentives for on the family farm, and extend the charitable contributions by individuals and hope that the Strand family will con- Adding to these accomplishments, by businesses, to improve the effectiveness and tinue the tradition that Andrew and the end of the 2000 season, the team efficiency of government program delivery Anna started a century ago.∑ had racked up 7,896 total wins. Also, to individuals and families in need, and to

VerDate 19-JUL-2001 05:31 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.033 pfrm04 PsN: S19PT1 S7948 CONGRESSIONAL RECORD — SENATE July 19, 2001 hance the ability of low-income Americans ministration, Department of Transportation, transmitting, pursuant to law, the report of to gain financial security by building assets. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: Construcciones Aeronauticas, SA Model CN f Airbus Model A300 B2, A300 B4, A300 B4–600, 235 Series Airplanes’’ ((RIN2120–AA64)(2001– MEASURES REFERRED and A300 B4–600, B4–600R and F4–600R’’ 0289)) received on July 13, 2001; to the Com- ((RIN2120–AA64)(2001–0299)) received on July mittee on Commerce, Science, and Transpor- The following bill was read the first 13, 2001; to the Committee on Commerce, tation. and the second times by unanimous Science, and Transportation. EC–2917. A communication from the Pro- consent, and referred as indicated: EC–2908. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, H.R. 7. An act to provide incentives for gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of charitable contributions by individuals and ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: businesses, to improve the effectiveness and transmitting, pursuant to law, the report of Raytheon Model Hawker 800XP Series Air- efficiency of government program delivery a rule entitled ‘‘Airworthiness Directives: planes’’ ((RIN2120–AA64)(2001–0290)) received to individuals and families in need, and to Airbus Model A300 B–4–601, B4–603, B4–620, on July 13, 2001; to the Committee on Com- enhance the ability of low-income Americans BR–605R, and F4–605R’’ ((RIN2120–AA64)(2001– 0296)) received on July 13, 2001; to the Com- merce, Science, and Transportation. to gain financial security by building assets; EC–2918. A communication from the Pro- to the Committee on Finance. mittee on Commerce, Science, and Transpor- tation. gram Analyst of the Federal Aviation Ad- f EC–2909. A communication from the Pro- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of MEASURES PLACED ON THE ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: CALENDAR transmitting, pursuant to law, the report of Boeing Model 747 Series Airplanes’’ a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA64)(2001–0291)) received on July The following joint resolution was 13, 2001; to the Committee on Commerce, read the second time, and placed on the Boeing Model 747 Series Airplanes’’ ((RIN2120–AA64)(2001–0297)) received on July Science, and Transportation. calendar: 13, 2001; to the Committee on Commerce, EC–2919. A communication from the Pro- H.J. Res. 36. Joint resolution proposing an Science, and Transportation. gram Analyst of the Federal Aviation Ad- amendment to the Constitution of the EC–2910. A communication from the Pro- ministration, Department of Transportation, United States authorizing the Congress to gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of prohibit the physical desecration of the flag ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: of the United States. transmitting, pursuant to law, the report of Dassault Model Mystere-Falcon 900 and 900EX Series Airplanes’’ ((RIN2120– f a rule entitled ‘‘Airworthiness Directives: Raytheon Aircraft Company Beech Models 45 AA64)(2001–0284)) received on July 13, 2001; to the Committee on Commerce, Science, and EXECUTIVE AND OTHER (YT–34), A45 (T–34A, B–45), and D45 (T–34B) Airplanes’’ ((RIN2120–AA64)(2001–0298)) re- Transportation. COMMUNICATIONS EC–2920. A communication from the Pro- ceived on July 13, 2001; to the Committee on gram Analyst of the Federal Aviation Ad- The following communications were Commerce, Science, and Transportation. ministration, Department of Transportation, laid before the Senate, together with EC–2911. A communication from the Pro- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- accompanying papers, reports, and doc- a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, uments, which were referred as indi- Bombardier Model DHC 7 Series Airplanes’’ transmitting, pursuant to law, the report of cated: ((RIN2120–AA64)(2001–0285)) received on July a rule entitled ‘‘Airworthiness Directives: 13, 2001; to the Committee on Commerce, EC–2902. A communication from the Assist- Bombardier Model CL 600 2B19 Series Air- ant Director for Budget and Administration, Science, and Transportation. planes’’ ((RIN2120–AA64)(2001–0292)) received EC–2921. A communication from the Pro- Executive Office of the President, transmit- on July 13, 2001; to the Committee on Com- ting, pursuant to law, the report of the des- gram Analyst of the Federal Aviation Ad- merce, Science, and Transportation. ministration, Department of Transportation, ignation of acting officer for the position of EC–2912. A communication from the Pro- Director of the Office of Science and Tech- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: nology Policy, received on July 9, 2001; to ministration, Department of Transportation, the Committee on Commerce, Science, and Bell Helicopter Textron Canada Model 407 transmitting, pursuant to law, the report of Helicopters; Rescission’’ ((RIN2120– Transportation. a rule entitled ‘‘Airworthiness Directives: EC–2903. A communication from the Assist- AA64)(2001–0286)) received on July 13, 2001; to Airbus Model A310 and Model A300 B4–600, the Committee on Commerce, Science, and ant Director for Budget and Administration, A300 BR–600R, and A300 F4–600R Series Air- Executive Office of the President, transmit- Transportation. planes’’ ((RIN2120–AA64)(2001–0293)) received EC–2922. A communication from the Pro- ting, pursuant to law, the report of a va- on July 13, 2001; to the Committee on Com- gram Analyst of the Federal Aviation Ad- cancy in the position of Director of the Of- merce, Science, and Transportation. ministration, Department of Transportation, fice of Science Technology Policy, received EC–2913. A communication from the Pro- transmitting, pursuant to law, the report of on July 9, 2001; to the Committee on Com- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. ministration, Department of Transportation, McDonnell Douglas Model D–90–30 Series Air- EC–2904. A communication from the Assist- transmitting, pursuant to law, the report of planes’’ ((RIN2120–AA64)(2001–0287)) received ant Director for Budget and Administration, a rule entitled ‘‘Airworthiness Directives: on July 13, 2001; to the Committee on Com- Executive Office of the President, transmit- Boeing Model 757 Series Airplanes Equipped merce, Science, and Transportation. ting, pursuant to law, the report of a va- with Rolls Royce Engines’’ ((RIN2120– EC–2923. A communication from the Pro- cancy in the position of Associate Director AA64)(2001–0294)) received on July 13, 2001; to gram Analyst of the Federal Aviation Ad- for Technology, Office of Science and Tech- the Committee on Commerce, Science, and ministration, Department of Transportation, nology Policy, received on July 9, 2001; to Transportation. transmitting, pursuant to law, the report of the Committee on Commerce, Science, and EC–2914. A communication from the Pro- a rule entitled ‘‘Revision of Class E Airspace; Transportation. gram Analyst of the Federal Aviation Ad- Cody, WV’’ ((RIN2120–AA66)(2001–0111)) re- EC–2905. A communication from the Assist- ministration, Department of Transportation, ceived on July 13, 2001; to the Committee on ant Director for Budget and Administration, transmitting, pursuant to law, the report of Commerce, Science, and Transportation. Executive Office of the President, transmit- a rule entitled ‘‘Airworthiness Directives: EC–2924. A communication from the Pro- ting, pursuant to law, the report of a va- Gulfstream Model G–1159, G–1159A, G–1159B, gram Analyst of the Federal Aviation Ad- cancy in the position of Associate Director G–IV, and G–V Series Airplanes’’ ((RIN2120– ministration, Department of Transportation, for Environment, Office of Science and Tech- AA64)(2001–0295)) received on July 13, 2001; to transmitting, pursuant to law, the report of nology Policy, received on July 9, 2001; to the Committee on Commerce, Science, and a rule entitled ‘‘Establishment of a Class E the Committee on Commerce, Science, and Transportation. Enroute Domestic Airspace Area, Kingman, Transportation. EC–2915. A communication from the Pro- AZ’’ ((RIN2120–AA66)(2001–0112)) received on EC–2906. A communication from the Assist- gram Analyst of the Federal Aviation Ad- July 13, 2001; to the Committee on Com- ant Director for Budget and Administration, ministration, Department of Transportation, merce, Science, and Transportation. Executive Office of the President, transmit- transmitting, pursuant to law, the report of EC–2925. A communication from the Pro- ting, pursuant to law, the report of a va- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- cancy in the position of Associate Director Boeing Model 747–400 Series Airplanes’’ ministration, Department of Transportation, for Science, Office of Science and Tech- ((RIN2120–AA64)(2001–0288)) received on July transmitting, pursuant to law, the report of nology Policy, received on July 9, 2001; to 13, 2001; to the Committee on Commerce, a rule entitled ‘‘Establishment of Class E the Committee on Commerce, Science, and Science, and Transportation. Airspace; Heber City, UT’’ ((RIN2120– Transportation. EC–2916. A communication from the Pro- AA66)(2001–0113)) received on July 13, 2001; to EC–2907. A communication from the Pro- gram Analyst of the Federal Aviation Ad- the Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Transportation.

VerDate 19-JUL-2001 06:02 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.064 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7949 EC–2926. A communication from the Pro- ministration, Department of Transportation, ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ministration, Department of Transportation, a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of proach Procedures; Miscellaneous Amend- Construcciones Aeronauticas, SA Model CN– a rule entitled ‘‘Establishment of Jet Route ments (44) Amdt. No. 2055’’ ((RIN2120– 234 Series Airplanes’’ ((RIN2120–AA64)(2001– J 713’’ ((RIN2120–AA66)(2001–0114)) received on AA65)(2001–0041)) received on July 13, 2001; to 0301)) received on July 13, 2001; to the Com- July 13, 2001; to the Committee on Com- the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. Transportation. tation. EC–2927. A communication from the Pro- EC–2937. A communication from the Pro- EC–2946. A communication from the Pro- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ministration, Department of Transportation, ministration, Department of Transportation, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Establish Class E Airspace; a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Airworthiness Directives: Greensburg, PA’’ ((RIN2120–AA66)(2001–0107)) proach Procedures; Miscellaneous Amend- Airbus Model A300 B2–1C, B2–203, B2K–3C, B4– received on July 13, 2001; to the Committee ments (33); Amdt. No. 2056’’ ((RIN2120– 2C, B4–103, and B4–203 Series Airplanes’’ on Commerce, Science, and Transportation. AA65)(2001–0039)) received on July 13, 2001; to ((RIN2120–AA64)(2001–0303)) received on July EC–2928. A communication from the Pro- the Committee on Commerce, Science, and 13, 2001; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- Transportation. Science, and Transportation. ministration, Department of Transportation, EC–2938. A communication from the Pro- EC–2947. A communication from the Pro- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Amendment of Class D Air- ministration, Department of Transportation, ministration, Department of Transportation, space and Establishment of Class E4 Air- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of space; Homestead, FL’’ ((RIN2120–AA66)(2001– a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Airworthiness Directives: 0108)) received on July 13, 2001; to the Com- proach Procedures; Miscellaneous Amend- Boeing Model 767 Airplanes’’ ((RIN2120– mittee on Commerce, Science, and Transpor- ments (565); Amdt. No. 2058’’ ((RIN2120– AA64)(2001–0305)) received on July 13, 2001; to tation. AA65)(2001–0038)) received on July 13, 2001; to the Committee on Commerce, Science, and EC–2929. A communication from the Pro- the Committee on Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- Transportation. EC–2948. A communication from the Chief ministration, Department of Transportation, EC–2939. A communication from the Pro- of the Accounting Policy Division, Common transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- Carrier Bureau, Federal Communications a rule entitled ‘‘Establishment of Class E ministration, Department of Transportation, Commission, transmitting, pursuant to law, Airspace; LaFayette, GA’’ ((RIN2120– transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Federal-State AA66)(2001–0109)) received on July 13, 2001; to a rule entitled ‘‘Standard Instrument Ap- Joint Board on Universal Service’’ (Doc. No. the Committee on Commerce, Science, and proach Procedures; Miscellaneous Amend- 95–45) received on July 13, 2001; to the Com- Transportation. ments (21); Amdt. No. 2054’’ ((RIN2120– mittee on Commerce, Science, and Transpor- EC–2930. A communication from the Pro- AA65)(2001–0037)) received on July 13, 2001; to tation. gram Analyst of the Federal Aviation Ad- the Committee on Commerce, Science, and EC–2949. A communication from the Acting ministration, Department of Transportation, Transportation. Assistant Administrator for Fisheries, Na- transmitting, pursuant to law, the report of EC–2940. A communication from the Pro- tional Marine Fisheries Service, Department a rule entitled ‘‘Establish Class E Airspace; gram Analyst of the Federal Aviation Ad- of Commerce, transmitting, pursuant to law, Lloydsville, PA’’ ((RIN2120–AA66)(2001–0110)) ministration, Department of Transportation, the report of a rule entitled ‘‘Fisheries of the received on July 13, 2001; to the Committee transmitting, pursuant to law, the report of Exclusive Economic Zone Off Alaska; Emer- on Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: gency Interim Rule to Revise Certain Provi- EC–2931. A communication from the Pro- GE CT58 Series and Former Military T58 Se- sions of the American Fisheries Act; Exten- gram Analyst of the Federal Aviation Ad- ries Turboshaft Engines’’ ((RIN2120– sion of Expiration Date’’ (RIN0648–AO72) re- ministration, Department of Transportation, AA64)(2001–0306)) received on July 13, 2001; to ceived on July 11, 2001; to the Committee on transmitting, pursuant to law, the report of the Committee on Commerce, Science, and Commerce, Science, and Transportation. a rule entitled ‘‘Establish Class E Airspace; Transportation. EC–2950. A communication from the Presi- Hagerstown, MD’’ ((RIN2120–AA66)(2001–0103)) EC–2941. A communication from the Pro- dent of the United States, transmitting, pur- received on July 13, 2001; to the Committee gram Analyst of the Federal Aviation Ad- suant to law, a report relative to US mili- on Commerce, Science, and Transportation. ministration, Department of Transportation, tary personnel and US citizens involved as EC–2932. A communication from the Pro- transmitting, pursuant to law, the report of contractors in antinarcotics campaign in Co- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: lumbia; to the Committee on Appropriations. ministration, Department of Transportation, GE CF 34–1A, –3A, –3A1, –3AS, –3B and –3B1 EC–2951. A communication from the Per- transmitting, pursuant to law, the report of Turbofan Engines’’ ((RIN2120–AA64)(2001– sonnel Management Specialist, Office of the a rule entitled ‘‘Revision of Class E Airspace; 0307)) received on July 13, 2001; to the Com- Assistant Secretary for Administration and Roosevelt, UT’’ ((RIN2120–AA66)(2001–0104)) mittee on Commerce, Science, and Transpor- Management, Department of Labor, trans- received on July 13, 2001; to the Committee tation. mitting, pursuant to law, the report of the on Commerce, Science, and Transportation. EC–2942. A communication from the Pro- designation of acting officer for the position EC–2933. A communication from the Pro- gram Analyst of the Federal Aviation Ad- of Assistant Secretary for Employment and gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Training, EX–IV, received on July 17, 2001; to ministration, Department of Transportation, transmitting, pursuant to law, the report of the Committee on Health, Education, Labor, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: and Pensions. a rule entitled ‘‘Establishment of a Class E Boeing Model 777–200 Series Airplanes’’ EC–2952. A communication from the Chair- Enroute Domestic Airspace Area, Las Vegas, ((RIN2120–AA64)(2001–0311)) received on July man of the Nuclear Regulatory Commission, NV’’ ((RIN2120–AA66)(2001–0105)) received on 13, 2001; to the Committee on Commerce, transmitting, a draft of proposed legislation July 13, 2001; to the Committee on Com- Science, and Transportation. entitled ‘‘Atomic Energy Act Amendments merce, Science, and Transportation. EC–2943. A communication from the Pro- of 2001’’; to the Committee on Energy and EC–2934. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Natural Resources. gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, EC–2953. A communication from the Assist- ministration, Department of Transportation, transmitting, pursuant to law, the report of ant General Counsel for Regulatory Law, Of- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: fice of Security and Emergency Operations, a rule entitled ‘‘Amendment to Class E Air- CORRECTION, CFM International, SA Department of Energy, transmitting, pursu- space; Mosby, MO’’ ((RIN2120–AA66)(2001– CFM56–3, –3B, and –3C Series Turbofan En- ant to law, the report of a rule entitled 0106)) received on July 13, 2001; to the Com- gines’’ ((RIN2120–AA64)(2001–0312)) received ‘‘Connectivity to Atmospheric Release Capa- mittee on Commerce, Science, and Transpor- on July 13, 2001; to the Committee on Com- bility’’ (DOE N 153.1) received on July 16, tation. merce, Science, and Transportation. 2001; to the Committee on Energy and Nat- EC–2935. A communication from the Pro- EC–2944. A communication from the Pro- ural Resources. gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- EC–2954. A communication from the Gen- ministration, Department of Transportation, ministration, Department of Transportation, eral Counsel of the Department of Defense, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of transmitting, a draft of proposed legislation a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Airworthiness Directives: entitled ‘‘National Defense Authorization proach Procedures; Miscellaneous Amend- Rolls-Royce Limited, Aero Division-Bristol, Act for Fiscal Year 2002’’; to the Committee ments (25), AMDT. No 2057’’ ((RIN2120– SNECMA Olympus 593 Mk. 610–14–28 Turbo on Armed Services. AA65)(2001–0040)) received on July 13, 2001; to Engines’’ ((RIN2120–AA64)(2001–0300)) re- EC–2955. A communication from the Ad- the Committee on Commerce, Science, and ceived on July 13, 2001; to the Committee on ministrator of the National Nuclear Security Transportation. Commerce, Science, and Transportation. Administration, Department of Energy, EC–2936. A communication from the Pro- EC–2945. A communication from the Pro- transmitting, pursuant to law, a report con- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- cerning sales to a country designated as a

VerDate 19-JUL-2001 06:02 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.075 pfrm04 PsN: S19PT1 S7950 CONGRESSIONAL RECORD — SENATE July 19, 2001 Tier III country of a computer capable of op- POM–125. A concurrent resolution adopted States Congress, and to all members of the erating at a speed in excess of 2,000 million by the Senate of the Legislature of the State Texas delegation to the congress with the re- theoretical operations per second by compa- of Texas relative to NAFTA; to the Com- quest that this resolution be officially en- nies that participate in the Accelerated mittee on Appropriations. tered in the Congressional Record as a me- Strategic Computing Initiative program of SENATE CONCURRENT RESOLUTION NO. 10 morial to the Congress of the United States the Department of Energy for calendar year of America. Whereas, While the North American Free 2000; to the Committee on Armed Services. Trade Agreement (NAFTA) has boosted the EC–2956. A communication from the Sec- POM–126. A concurrent resolution adopted economy in Texas and the nation, the in- retary of the Interior, transmitting, a draft by the Senate of the Legislature of the State crease in heavy truck traffic has caused ex- of proposed legislation entitled ‘‘Fort Irwin of Texas relative to border ports of entry and cessive wear on county and city roads that Military Lands Withdrawal Act of 2001’’; to high-priority transportation corridors; to lie within the border commercial zone; and the Committee on Armed Services. the Committee on Appropriations. Whereas, According to the Texas Border SENATE CONCURRENT RESOLUTION NO. 25 f Infrastructure Coalition more than 77 per- Whereas, The current presidential adminis- cent of United States-Mexico trade passes PETITIONS AND MEMORIALS tration has indicated that it will allow Mexi- through the Texas border region annually; in can trucks at least partial access to U.S. The following petitions and memo- 1999 this amounted to 4.4 million trucks rials were laid before the Senate and highways beyond the commercial border crossing the Texas-Mexico border carrying zone that was established in 1993 to limit the were referred or ordered to lie on the $127.6 billion worth of commerce; and movement of Mexican trucks until certain table as indicated: Whereas, Many of these trucks exceed the basic infrastructure and safety concerns had POM–124. A concurrent resolution adopted weight limits imposed by both federal and been addressed; and by the House of the Legislature of the State state law, causing extensive damage to pub- Whereas, The opening of the Texas border of Texas relative to muscular dystrophy; to lic roads and bridges, especially the ‘‘off-sys- to Mexican trucks will unfairly impact the the Committee on Appropriations. tem’’ roads that are maintained by counties three border transportation districts in and municipalities, most of which are not de- HOUSE CONCURRENT RESOLUTION NO. 8 Pharr, Laredo, and El Paso without a com- signed to handle these heavy commercial Whereas, Current federal funding for re- mensurate increase in the commitment of trucks; and money by the federal government; and search on muscular dystrophy is insufficient Whereas, The Texas Department of Trans- Whereas, The Texas Senate Special Com- given the disease’s prevalence and severity, portation estimates that there are more mittee on Border Affairs was given several and this level of support does little to pro- than 17,000 miles of load-posted roadways in study charges during the 1999–2000 interim, mote advances in research and treatment of Texas; many of these roadways are Farm-to- including assessing the long-term inter- the disease; and Market roads that were built in the 1940s and modal transportation needs of the Texas- Whereas, The term muscular dystrophy en- 1950s using design standards for a legal Mexico border region, evaluating the plan- compasses a large group of hereditary mus- weight limit of 48,000 pounds, or approxi- ning and capacity resources of the three cle-destroying disorders that appear in men, mately 60 percent of the weight of some of Texas Department of Transportation women, and children of every race and eth- the heavier trucks today; and (TxDOT) border districts, and overseeing the nicity, with the most common disorder, Whereas, There are approximately 7,250 de- implementation of federal and state one-stop Duchenne muscular dystrophy, first appear- ficient bridges on off-system roads in Texas, inspection stations to expedite trade and ing in early childhood or adolescence; and and while the Texas Department of Trans- traffic; and Whereas, Furthermore, since genetic Whereas, The senate committee reported mutations may be a factor in any incidence portation is in the process of upgrading these bridges, the scope of the bridge rehabilita- that Texas border crossings account for ap- of muscular dystrophy, anyone could be a proximately 80 percent of United States- carrier, and no family is immune from the tion required means that, at current funding levels and practices, it could take decades to Mexico truck traffic, but the state is award- possibility of the disease afflicting one of its ed only 15 percent of the federal funds allo- members; and complete the undertaking, assuming no more bridges become deficient; it is important, cated for trade corridors; information from Whereas, While the prognosis for individ- TxDOT indicates that Texas receives consid- uals afflicted with a muscular dystrophy dis- therefore, that trucks be weighed before they are permitted to operate in the commercial erably less than its fair share of discre- order varies according to patterns of inherit- tionary funds allocated by the federal gov- ance, the age of onset, the initial muscles at- border zone, so as not to cause further infra- structure damage; and ernment; recent estimates by TxDOT indi- tached, and the progression of the disease, cate that, even though Texas is the second Duchenne muscular dystrophy is the most Whereas, In addition to contributing to the destruction of transportation infrastructure, largest state in the nation, the state cur- common fatal childhood genetic disease; and rently receives only 49 cents on the dollar in Whereas, Because muscular dystrophy var- overweight trucks pose safety hazards for other vehicles sharing the roads; the Univer- federal highway discretionary program ies widely from one disorder to another, con- funds; and tinuing research is important to under- sity of Michigan Transportation Research Institute estimates that as the weight of a Whereas, The border ports of entry are the standing the disease, treating it, and work- primary gateway for commerce for Texas truck goes from 65,000 to 80,000 pounds, the ing toward its prevention and cure; and and the nation but have become an economic risk of an accident involving a fatality in- Whereas, Congressional funding for re- choke point as a result of the staggering vol- creases by 50 percent; and search by the National Institutes of Health ume of traffic they must handle; in 1997, Whereas, County and city governments on Duchenne and Becker muscular dystrophy more than 2.8 million trucks crossed into within the commercial border zone would does not reflect the severity of this disease, and from Mexico; and the importance of finding a cure, or the po- benefit greatly from having additional weigh Whereas, In July 1999, the General Ac- tential benefits that research in this area stations situated in their jurisdictions and counting Office (GAO) reported that NAFTA- could have on other similar disorders; and additional law enforcement officers to con- related traffic along the border region has Whereas, To save lives and improve the duct weight inspections of commercial vehi- taxed the local and regional transportation quality of life for those already afflicted by cles traveling on roads that they maintain; infrastructure and that the resulting lines of this disease, it is imperative that the federal and traffic, which can run up to several miles government take the initiative to increase Whereas, While the entire nation benefits during peak periods, are associated with air funding for the research of Duchenne and from NAFTA, the local governments along pollution caused by idling vehicles; and Becker muscular dystrophy and, therefore, the Texas-Mexico border must bear the high Whereas, The GAO also cited federal and be it cost of overweight truck inspections and re- local officials’ concerns about congestion af- Resolved, That the 77th Legislature of the pairing damage to the roads resulting from fecting safety around the ports of entry and State of Texas hereby respectfully urge the the increase in heavy commercial vehicle noted that congestion can have a negative Congress of the United States to increase traffic on the off-system roads; now, there- impact on businesses that operate on a just- funding for research by the National Insti- fore, be it in-time schedule and rely on regular cross- tutes of Health for the treatment and cure of Resolved, That the 77th Legislature of the border shipments of parts, supplies, and fin- Duchenne and Becker muscular dystrophy; State of Texas hereby urge the United States ished products; and and, be it further Congress to create a federal category under Whereas, The senate committee reported Resolved, That the Texas secretary of state the NAFTA agreement, for NAFTA traffic- that in the last decade total northbound forward official copies of this resolution to related infrastructure damage, to provide truck crossings, from Mexico into Texas, in- the president of the United States, to the counties and municipalities with funding for creased by 215.8 percent, while vehicle cross- speaker of the house of representatives and commercial vehicle weigh stations within ings increased by 59 percent and pedestrian the president of the senate of the United the 20-mile commercial border zone; and, be crossings by 18.5 percent; in that same pe- states congress, and to all the members of it further riod, southbound truck crossings from Texas the Texas delegation to the congress with Resolved, That the Texas secretary of state to Mexico increased by 278.1 percent to 2.1 the request that this resolution be officially forward official copies of this resolution to billion crossings, vehicle crossings by 53.9 entered in the Congressional Record as a me- the president of the United States, to the percent to 37.9 million crossings, and pedes- morial to the Congress of the United States speaker of the house of representatives and trian crossings by 30.8 percent to 18.5 million of America. the president of the senate of the United crossings; and

VerDate 19-JUL-2001 06:02 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.077 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7951 Whereas, According to some estimates, ed to prepare for the influx of Mexican POM—128. A concurrent resolution adopted heavy truck traffic is expected to increase by trucks with access to travel throughout the by the Senate of the Legislature of the State 85 percent during the next three decades and border and beyond; and, be it further of Texas relative to the addition of 18 federal severely degrade existing roads and bridges; Resolved, That the Texas secretary of state judges and commensurate staff to handle the according to TxDOT officials, one fully load- forward official copies of this resolution to current and anticipated caseloads along the ed 18-wheel truck causes as much damage as the president of the United States, to the United States-Mexico border, to the Com- 9,600 cars; with such a significant increase of speaker of the house or representatives and mittee on the Judiciary. the president of the senate of the United trade and cross-border activity in the border SENATE CONCURRENT RESOLUTION NO. 12 ports of entry and the border transportation States Congress, and to all the members of Whereas, The strategy of the United States districts, state and federal leaders have the Texas delegation to the congress with Department of Justice to reduce crime along cause for concern about whether the current the request that this resolution be officially the United States border by focusing on ille- infrastructure can continue to support entered in the Congressional Record as a me- gal immigration, alien smuggling, and drug Texas’ economic growth and, in particular, morial to the Congress of the United States trafficking generated an explosion in arrests trade with Mexico; and of America. by agents from the United States Customs Whereas, The Texas Department of Eco- Service, the Drug Enforcement Administra- nomic Development (TDED) reported last POM–127. A concurrent resolution adopted tion, and the Immigration and Naturaliza- year that Mexico is Texas’ largest export by the Senate of the legislature of the State tion Service at border checkpoints; and destination and has been a chief contributor of Texas relative to the removal of trade, fi- Whereas, In 1999, the five federal south- to the state’s export growth; in 1999, exports nancial, and travel restrictions relating to western judicial districts along the border, to Mexico accounted for 45.5 percent of the Cuba; to the Committee on Foreign Rela- including two in Texas, received 27 percent state total and were valued at $41.4 billion; tions. of all criminal case filings in the United and SENATE CONCURRENT RESOLUTION NO. 54 States while the other 73 percent were spread Whereas, The TDED has concluded that Whereas, The relationship between the among the country’s remaining 84 federal Texas accounts for 20.8 percent of the total United States and Cuba has long been district courts; and U.S. exports to the North American market, marked by tension and confrontation; fur- Whereas, From 1996 to 1997, the total num- largely because of very high export levels to ther heightening this hostility is the 40-year- ber of federal criminal cases filed in the Mexico; in recent years, Mexico has become old United States trade embargo against the Western and Southern districts of Texas dou- the nation’s second largest market, and island nation that remains the longest- bled, and from 1997 to 1999, the number of Texas’ ties to Mexico are the primary con- standing embargo in modern history; and drug cases filed in the Western District of tributors to the state’s high share of overall Whereas, Cuba imports nearly a billion Texas increased 64 percent and 100 percent in U.S. exports; and dollars’ worth of food every year, including the Southern District of Texas; and Whereas, The comptroller of public ac- approximately 1,100,000 tons of wheat, 420,000 Whereas, Judicial resources in the five counts of the State of Texas has reported tons of rice, 37,000 tons of poultry, and 60,000 southwestern border districts have increased that exports account for 14 percent of our tons of dairy products; these amounts are ex- by only four percent, and since 1990, congress gross state product, up from six percent in pected to grow significantly in coming years has not approved any new judges for the 1985; in 1999, $100 billion in two-way truck as Cuba slowly recovers from the severe eco- Western District of Texas, which leads the trade passed through the Texas-Mexico bor- nomic recession it has endured following the nation in the filing of drug cases; and der; NAFTA economic activity has tripled on withdrawal of subsidies from the former So- Whereas, As a result of the federal courts the border, and trade with Mexico accounts viet Union in the last decade; and for one in every five jobs in Texas; now, Whereas, Agriculture is the second-largest being inundated by this unprecedented num- therefore, be it industry in Texas, and this state ranks ber of new drug and illegal immigration in- Resolved, That the 77th Legislature of the among the top five states in overall value of dictments, the federal authorities no longer State of Texas hereby respectfully urge the agricultural exports at more than $3 billion prosecute offenders caught with less than a Congress of the United states and the presi- annually; thus, Texas is ideally positioned to substantial amount of contraband; these dent of the United States, in light of the pro- benefit from the market opportunities that cases are instead referred to the local dis- posed change in federal policy that will fur- free trade with Cuba would provide; rather trict attorneys in the border counties of ther open the border areas to Mexican truck than depriving Cuba of agricultural prod- Texas to prosecute; and travel, to recognize the unique planning, ca- ucts, the United States embargo succeeds Whereas, As a result, local governments in pacity, and infrastructure needs of Texas’ only in driving sales to competitors in other the border counties, who are among the border ports of entry and the high-priority countries that have no such restrictions; and poorest in the United States, are being over- transportation corridors; and, be it further Whereas, In recent years, Cuba has devel- whelmed with the costs involved in pros- Resolved, That the Texas Legislature re- oped important pharmaceutical products, ecuting and incarcerating federal criminals; quest the congress and the president to rec- namely, a new meningitis B vaccine that has and ognize the impact of this policy by ear- virtually eliminated the disease in Cuba; Whereas, The annual cost to prosecute marking $3 billion to fund the construction such products have the potential to protect these federal criminal cases ranges from $2.7 of one-stop federal and state inspection fa- Americans against diseases that continue to million to approximately $8.2 million per dis- cilities that are open 24 hours per day along threaten large populations around the world; trict attorney jurisdiction, and it is antici- the Texas border region, as well as to fund and pated that the total cost will reach $25 mil- infrastructure improvements and construc- Whereas, Cuba’s potential oil reserves have lion per year; and tion projects at border ports of entry; and, be attracted the interest of numerous other Whereas, The federal government has infi- it further countries who have been helping Cuba de- nitely more resources than state and local Resolved, That the Texas Legislature urge velop its existing wells and search for new governments and in turn must shoulder a the congress to rectify the funding imbal- reserves; Cuba’s oil output has increased larger portion of the financial burden; now, ance that Texas has historically experienced more than 400 percent over the last decade; therefore, be it from the federal government, as evident in and Resolved, That the 77th Legislature of the the fact that, although Texas handles 80 per- Whereas, The United States’ trade, finan- State of Texas hereby respectfully urge the cent of all NAFTA-related traffic and is the cial, and travel restrictions against Cuba Congress of the United States to authorize second largest state in the nation, it has hinder Texas’ exports of agricultural and an additional 18 federal judges and commen- been awarded only 15 percent of the federal food products, its ability to import critical surate staff to handle the current and antici- funds allocated for high-priority trade cor- energy products, the treatment of illnesses pated caseloads along the United States- ridors; and, be it further experienced by Texans, and the right of Tex- Mexico border and to fully reimburse local Resolved, That the Texas Legislature re- ans to travel freely; now, therefore, be it governments for the costs incurred in pros- quest that the congress and the president Resolved, That the 77th Legislature of the ecuting and incarcerating federal defend- also increase the percentage in federal dis- State of Texas hereby respectfully urge the ants; and, be it further cretionary money that Texas has histori- Congress of the United States to consider the Resolved, That the Texas secretary of state cally received by earmarking $4 billion for removal of trade, financial, and travel re- forward official copies of this resolution to critical NAFTA-related planning, capacity, strictions relating to Cuba; and, be it further the president of the United States, to the and right-of-way acquisition needs and $3 bil- Resolved, That the Texas secretary of state speaker of the house of representatives and lion for immediate construction, mainte- forward official copies of this resolution to the president of the Senate of the United nance, and planning needs for rural roadways the president of the United States, to the States Congress, and to all the members of that are impacted by NAFTA-related traffic, speaker of the house of representatives and the Texas delegation to the congress with as well as those of emerging NAFTA-related the president of the senate of the United the request that this resolution be officially corridors; and, be it further States Congress, and to all the members of entered in the Congressional Record as a me- Resolved, That the Texas Legislature urge the Texas delegation to the congress with morial to the Congress of the United States the congress and the president to reaffirm the request that this resolution be officially of America. their commitment to public safety in Texas entered in the Congressional Record as a me- as well as in the United States by ear- morial to the Congress of the United States POM–129. A concurrent resolution adopted marking $1 billion for law enforcement need- of America. by the Senate of the Legislature of the State

VerDate 19-JUL-2001 06:02 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.149 pfrm04 PsN: S19PT1 S7952 CONGRESSIONAL RECORD — SENATE July 19, 2001 of Texas relative to federal and state con- Resolved, That the 77th Legislature of the species and critical habitat for the Arkansas trolled emission sources; to the Committee State of Texas hereby respectfully urge the River shiner; to the Committee on Environ- on Environment and Public Works. Congress of the United States to require fed- ment and Public Works. SENATE CONCURRENT RESOLUTION NO. 35 erally controlled emission sources to reduce SENATE CONCURRENT RESOLUTION NO. 51 their emissions by the same percentages and Whereas, Air pollution has a potentially Whereas, Under rules adopted on November on the same schedule as state-controlled serious impact on the health of many Ameri- 23, 1998, the Fish and Wildlife Service of the sources; and, be it further cans, including a majority of the nearly 21 United States Department of the Interior Resolved, That the Texas secretary of state million residents of the State of Texas, and listed the Arkansas River shiner (Notropis forward official copies of this resolution to is a matter of concern to both federal and girardi), a minnow whose present range in- the president of the United States, to the state governments, which share a responsi- cludes portions of the Canadian River in speaker of the house of representatives and bility to clean up the environment and pro- Texas, as a threatened species pursuant to the president of the senate of the United tect the public health; and the federal Endangered Species Act; and States Congress, and to all members of the Whereas, In metropolitan areas where the Whereas, Subsequent rules adopted on Texas delegation to the Congress with the problem is most severe, achieving federally April 4, 2001, which follow from policy recon- request that this resolution be officially en- mandated reductions in the emission of cer- sideration stipulated in an agreed settlement tered in the CONGRESSIONAL RECORD as a me- tain pollutants within the time lines estab- order, designate 1,148 miles of river segments morial to the Congress of the United States lished by the United States Environmental in the Arkansas River basin—including over of America. Protection Agency (EPA) will be possible 100 miles of the Canadian River in Oldham, only through an appropriate combination of Potter, and Hemphill counties in Texas—as POM–130. A concurrent resolution adopted federal, state, and local actions, including critical habitat for the species; and by the Senate of the Legislature of the State not only stringent local and state emission Whereas, This state’s Parks and Wildlife of Texas relative to the federal regulation controls but also the timely implementation Department recommended against listing relating to the three-shell limit and the of federal controls; and the Arkansas River shiner as an endangered Whereas, Emissions may be regulated by magazine plug requirement found in 50 or even threatened species because such a either the state’s environmental regulation C.F.R. Section 20.21; to the Committee on listing was scientifically unsound and unnec- agency or the federal government, depending Environment and Public Works. essary; and Whereas, The Fish and Wildlife Service re- on their origin; and SENATE CONCURRENT RESOLUTION NO. 28 fused to enter a Memorandum of Under- Whereas, For example, emissions from an Whereas, During the late 19th and early standing concerning recovery of the Arkan- industrial facility, such as a utility company 20th centuries, the harvesting of migratory sas River shiner with the states of Texas and or petroleum refinery, are subject to state game birds for subsequent resale, or ‘‘market Oklahoma, yet in its recent rule adoption regulations, while gasoline and diesel fuel hunting,’’ was widespread, and this wasteful notice concedes that ideally a recovery plan standards and emissions from aircraft, air- method led to federal regulations to elimi- should precede critical habitat designation; port ground support equipment, automobiles, nate the practice in all 50 states; and and trucks, marine engines, and locomotives are Whereas, One regulation adopted to curtail Whereas, Its designation, which becomes all federally controlled; and this practice limits the number of shells a effective on May 4, 2001, includes a portion of Whereas, Under recent federal action, the shotgun can hold to no more than three and the Canadian River that makes up the head- EPA will require buses and commercial requires shotgun magazines to have a plug to waters of Lake Meredith, and as such could trucks to produce 95 percent less pollution effect the three-shell limit; and potentially interfere with the reservoir’s than today’s buses and trucks and will re- Whereas, In the ensuing years, additional water supply and flood control functions; quire the amount of sulfur in diesel fuel to regulations have been enacted to protect mi- and be reduced by 97 percent; these measures gratory game birds, such as the current fed- Whereas, Critical habitat designation en- alone are expected to cut air pollution by as eral and state daily or seasonal bag limits hances the likelihood that the Endangered much as 95 percent; and that regulate the number of game birds that Species Act of 1973, as amended, might be Whereas, At issue is the fact that the low- can be killed or possessed by a hunter, mak- used as a vehicle for direct regulation of sulfur diesel fuel provisions will not go into ing the three-shell limit and the magazine Texas groundwater and surface water use by effect before 2006, and diesel fuel engine man- plug requirement unnecessary and archaic; the federal government or the federal courts; ufacturers will have flexibility in meeting and and the new emission standards due to phase in Whereas, Enforcing outdated regulations Whereas, Notwithstanding its recent final between 2007 and 2010; the slow rate of turn- wastes limited law enforcement resources rule adoption, the Fish and Wildlife Service over among commercial fleets means that that could be better utilized enforcing other states that it continues to solicit additional these federal emission control measures will hunting laws, such as bag limits; and public comments on the issue toward pos- likely have little effect until several years Whereas, A game bird wounded by a third sible new approaches to recovery planning; after that, when a sufficient number of these shot that cannot subsequently be killed by a now, therefore, be it trucks and buses are in operation; and fourth shot suffers an inhumane death and is Resolved, That the 77th Legislature of the Whereas, Currently, the State of Texas has a waste of game resources; and State of Texas hereby urge the United States nine metropolitan areas that either have Whereas, The greater frequency of loading Department of the Interior to reconsider the been designated as nonattainment areas by a shotgun necessitated by the three-shell necessity of designating the Arkansas River the EPA or are close to exceeding the Na- limit creates a safety hazard for the hunter; shiner as a threatened species and the neces- tional Ambient Air Quality Standards and sity of designating critical habitat in Texas (NAAQS) for one or more of the regulated Whereas, Because migratory game birds for the Arkansas River shiner; and, be it fur- pollutants; these nonattainment or near- can be protected by other federal and state ther nonattainment areas have been given strict regulations, the enforcement of the three- Resolved, That the 77th Legislature of the time lines for their emission reduction ef- shell limit and magazine plug requirement is State of Texas urge the Parks and Wildlife forts based on the severity of pollution in no longer necessary and should be discon- Department and the Office of the Attorney the area; and tinued; now, therefore, be it General to take all reasonable steps to en- Whereas, Because of the lengthy time line Resolved, That the 77th Legislature of the sure that portions of the Canadian River in for the reduction of emissions from federally State of Texas hereby respectfully urge the Texas be designated as critical habitat only controlled sources, the federally mandated Congress of the United States to repeal the to the extent that such designation is abso- attainment date for some NAAQS nonattain- federal regulation relating to the three-shell lutely necessary, scientifically justifiable, ment regions in Texas, such as the Houston- limit and the magazine plug requirement and economically prudent; and, be it further Galveston-Brazoria area, will arrive long be- found in 50 C.F.R. Section 20.21; and, be it Resolved, That the Texas secretary of state fore the effects of federal air quality im- further forward official copies of this resolution to provement efforts can be realized; and Resolved, That the Texas secretary of state the secretary of the interior, to the president Whereas, Texas is forced to require state- forward official copies of this resolution to of the United States, to the speaker of the controlled emission sources to make signifi- the president of the United States, to the house of representatives and the president of cant reductions in pollution in a relatively speaker of the house of representatives and the senate of the United States Congress, short period of time while federally con- the president of the senate of the United and to all the members of the Texas delega- trolled sources continue to contaminate the States Congress, and to all members of the tion to the congress with the request that state’s environment; and Texas delegation to the congress with the re- this resolution be officially entered in the Whereas, The incongruence in the federal quest that this resolution be officially en- Congressional Record as a memorial to the and state time lines for emission reductions tered in the Congressional Record as a me- Congress of the United States of America; places an undue burden on the state to lower morial to the Congress of the United States and, be it further air pollution significantly enough to be in of America. Resolved, That the Texas secretary of state attainment with the NAAQS without a cor- forward an official copy of this resolution to responding decrease in emissions from any of POM–131. A concurrent resolution adopted the executive director of the Parks and Wild- the myriad federally controlled emission by the Senate of the Legislature of the State life Department and to the attorney general sources; now, therefore, be it of Texas relative to designating threatened of Texas.

VerDate 19-JUL-2001 06:02 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.152 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7953 POM–132. A concurrent resolution adopted act, but it also suggests that adequate time code also allows them to deduct the cost of by the Senate of the Legislature of the State was not provided for deliberation of the full the health insurance they offer employees of Texas relative to the reduction of pollu- ramifications of certain provisions; and from their corporate income taxes as a busi- tion and the protection of the environment Whereas, The goal of this legislation was ness expense; and through the implementation of federal regu- to respond to certain political organizations, Whereas, Not everyone is fortunate enough lations; to the Committee on Environment known as ‘‘stealth PACs,’’ that were able to to be able to participate in an employer-pro- and Public Works. raise and spend unlimited amounts of money vided health plan, and those who purchase SENATE CONCURRENT RESOLUTION NO. 22 for political advocacy without having to dis- private health insurance do not receive tax Whereas, The reduction of pollution and close the sources and amounts of donations, breaks of any kind; for these individuals, a the protection of the environment is of great all while enjoying tax-exempt status; and dollar in pretax wages may buy only 50 concern to both the federal government and Whereas, While the Texas Legislature sup- cents’ worth of health insurance after fed- the Texas Legislature; and ports the laudable goal of holding all partici- eral, state, and local taxes are taken out; Whereas, To protect its natural resources pants in the political process accountable to and and environment as effectively as possible, the public, the members of this body believe Whereas, Congress has responded to this Texas needs greater flexibility in its imple- that this well-intentioned Act has had unin- issue with the 1999 Omnibus Appropriations mentation of federal regulations; and tended consequences and has adversely af- Act, which gives a 60 percent tax deduction Whereas, The current command-and-con- fected individuals and organizations beyond for insurance expenses to those who are self- trol approach instituted by the United its original intent; and employed; this deduction is scheduled to rise States Environmental Protection Agency to Whereas, Public Law 106–230 imposes dupli- to 100 percent by 2003; and limit pollution at the state level through the cative and burdensome federal reporting and Whereas, For individuals who purchase pri- use of a federally mandated permitting proc- disclosure requirements on local and state vate health insurance and bear the full cost ess has proven to be moderately successful at candidates, their campaign committees, and of a policy without the benefit of an employ- reducing pollution, but it is also an overly local and state political parties that already er’s contributions, this deduction does little prescriptive process that is unduly burden- are required to file detailed reports with to make that private insurance affordable, some and costly to both the states and the their respective state election officials; and since tax deductions provide a less substan- regulated facilities relative to the results Whereas, These requirements have created tial tax break than tax credits; while a tax achieved; and a paperwork nightmare for entities that are deduction is subtracted from a person’s in- Whereas, Alternative paradigms are avail- clearly outside the intended scope of PL 106– come when calculating taxes, a tax credit is able, including outcome-based assessment 230 without significantly adding to the body subtracted from the person’s bottom line of methods that allow the state to measure the of information available to the public; and taxes owed; and actual reduction of pollution rather than Whereas, A remedy in the form of an ex- Whereas, Tax credits will give consumers simply monitoring each facility’s compli- emption for those entities or an exception more choice in health plans because employ- ance with its permit; and for information reported and filed elsewhere ees would no longer be limited to insurance Whereas, States should be given greater with state officials would not violate the in- offered by employers; furthermore, con- latitude to implement innovative regulatory tention of enforcing public accountability, sumers who bought their own private health programs and other pollution reduction since the individuals and organizations af- insurance could maintain their coverage methods that vary from the current model, fected already are required to report and dis- even if they changed jobs without any lapse which requires states to adhere strictly to close to the state the same information that in coverage; now, therefore, be it the federally mandated permitting process; PL 106–230 now requires them to report to Resolved, That the 77th Legislature of the and the Internal Revenue Service; nor would it State of Texas hereby respectfully urge the Whereas, Providing this flexibility would be unprecedented, since a similar exemption Congress of the United States to provide tax allow states such as Texas to tailor appro- already exists for candidates, campaign com- credits to individuals buying private health priate and effective approaches to state-spe- mittees, and party organizations engaged in insurance; and, be it further cific environmental problems rather than ex- federal elections, who are required by FECA Resolved, That the Texas secretary of state pending resources to ensure compliance with to report that information to the Federal forward official copies of this resolution to one-size-fits-all regulations that place an in- Election Commission; now, therefore, be it the President of the United States, to the ordinate emphasis on procedural detail; now, Resolved, That the 77th Legislature of the speaker of the house of representatives and therefore, be it State of Texas hereby respectfully urge the the president of the senate of the United Resolved, That the 77th Legislature of the Congress of the United States to amend pro- States Congress, and to all the members of State of Texas hereby respectfully urge the visions of the Internal Revenue Code of 1986, the Texas delegation to the congress with United States Environmental Protection as added by PL 106–230, to exempt state and the request that this resolution be officially Agency to provide maximum flexibility to local political committees that are required entered in the Congressional Record as a me- the states in the implementation of federal to report to their respective states from no- morial to the Congress of the United States environmental programs and regulations; tification and reporting requirements im- of America. and, be it further posed by PL 106–230; and, be it further Resolved, That the Texas secretary of state Resolved, That the Texas secretary of state POM–135. A concurrent resolution adopted forward official copies of this resolution to forward official copies of this resolution to by the House of the Legislature of the State the administrator of the United States Envi- the president of the United States, to the of Texas relative to amending the Internal ronmental Protection Agency, to the presi- speaker of the house of representatives and Revenue Code of 1986 to allow for the dent of the United States, to the speaker of the president of the senate of the United issuance of tax-exempt bonds for the purpose the house of representatives and the presi- States Congress, and to all the members of of financing air pollution control facilities dent of the senate of the United States Con- the Texas delegation to the congress with nonattainment areas; to the Committee on gress, and to all members of the Texas dele- the request that this resolution be officially Finance. gation to the congress with the request that entered in the Congressional Record as a me- HOUSE CONCURRENT RESOLUTION NO. 226 morial to the Congress of the United States this resolution be officially entered in the Whereas, The Houston-Galveston-Brazoria of America. Congressional Record as a memorial to the (HGB) area is classified as a serious non- Congress of the United States of America. attainment area and the Beaumont-Port Ar- POM–134. A concurrent resolution adopted thur (BPA) area is classified as a moderate by the Senate of the Legislature relative to POM–133. A concurrent resolution adopted nonattainment area for the one-hour ozone providing tax credits to individuals buying by the House of the Legislature of the State standard and both are likely to be classified private health insurance; to the Committee of Texas relative to amending provisions of as nonattainment areas for the proposed on Finance. the Internal Revenue Code of 1986, as added eight-hour ozone standards and for the par- by PL 106–230; to the Committee on Finance. SENATE CONCURRENT RESOLUTION NO. 37 ticulate matter 2.5 standards, should those HOUSE CONCURRENT RESOLUTION NO. 77 Whereas, Almost 90 percent of all health standards be reinstated; and Whereas, In an attempt to enact meaning- insurance is paid for by and through em- Whereas, The State of Texas recently sub- ful campaign finance reform legislation, the ployer programs, providing the majority of mitted revisions of its State Implementation 106th Congress of the United States passed American workers with affordable access to Plan (SIP) for the HGB and BPA areas the the Full and Fair Political Activities Disclo- health care; and United States Environmental Protection sure Act (Public Law 106–230), which imposed Whereas, Generous federal tax code provi- Agency (EPA) outlining measures that will notification and reporting requirements on sions that make employee contributions to be taken in order to achieve compliance with political organizations claiming tax-exempt employer-provided health insurance fully de- the National Ambient Air Quality Standards status under Section 527 of the Internal Rev- ductible from federal individual income for ozone; and enue Code; and taxes allow employees participating in such Whereas, For the HGB and BPA areas to be Whereas, Public Law 106–230 took effect plans to purchase the coverage they need in classified as in attainment for ozone, the re- July 1, 2000, four days after its introduction; a cost-effective manner; and gions must make significant reductions in the rapidity of its passage through congress Whereas, Some employers benefit from the air containment emissions from several reflected the lawmakers’ sense of urgency to health insurance they provide since the tax types of sources, including industrial point

VerDate 19-JUL-2001 06:02 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.154 pfrm04 PsN: S19PT1 S7954 CONGRESSIONAL RECORD — SENATE July 19, 2001 sources such as petroleum refineries and speaker of the house of representatives and Resolved, That the 77th Legislature of the chemical plants; and the president of the senate of the United State of Texas hereby respectfully urge the Whereas, Strategies aimed at controlling States Congress, and to all the members of Congress of the United States to establish a industrial emissions target specific indus- the Texas delegation to the congress with separate Federal Medical Assistance Per- tries and facilities, requiring them to bear the request that this resolution be officially centage for the Texas-Mexico border region; up front the high costs of installing emission entered in the Congressional Record as a me- and, be it further control technologies; and morial to the Congress of the United States Resolved, That the Texas secretary of state Whereas, While pollution control tech- of America. forward official copies of this resolution to nologies can be effective in reducing emis- the president of the United States, to the sions, the technology that many companies POM–136. A concurrent resolution adopted speaker of the house of representatives and are required to purchase by the ozone SIP by the House of the Legislature of the State the president of the senate of the United can cause a tremendous financial strain on of Texas relative to establishing a separate States Congress, and to all the members of an individual entity and affect entire indus- Federal Medical Assistance Percentage for the Texas delegation to the congress with tries; and the Texas-Mexico border region; to the Com- the request that this resolution be officially Whereas, Some industries, including agri- mittee on Finance. entered in the Congressional Record as a me- cultural, chemical production, gasoline ter- HOUSE CONCURRENT RESOLUTION NO. 214 morial to the Congress of the United States minals, and oil and natural gas production of America. and petroleum refineries, must purchase Whereas, The Texas-Mexico border region costly maximum achievable control tech- suffers from an inadequate medical infra- POM–137. A concurrent resolution adopted nology in order to be in compliance with the structure that has led to disparities in access by the House of the Legislature of the State ozone SIP; and to health care between the border region and of Texas relative to the SS Leopoldville; to Whereas, The Texas Gulf Coast has a crude the rest of the state; and the Committee on Armed Services. Whereas, Statewide in 1998, there was an operatable capacity of 3.462 barrels of refined HOUSE CONCURRENT RESOLUTION NO. 201 average of 270 Medicaid-eligible patients for petroleum products per calendar day, i.e. 84.6 Whereas, On Christmas Eve 1944, while car- percent of the Texas total and 21.9 percent of every physician participating in the Med- icaid program, but in the border counties rying American soldiers of the 66th Infantry the U.S. total; and Division to reinforce Allied troops fighting Whereas, The HGB area is home to more where there were participating physicians, the number of eligible patients per physician the Battle of the Bulge, the SS Leopoldville than 400 chemical plants employing more was sunk in the English Channel by a U-boat than 38,200 people and the BPA area is home ranged from a low of 416 in El Paso County to a high of 1,361 in Starr County; in two torpedo, resulting in the loss of 763 members to numerous chemical plants and industrial of the 262nd and 264th regiments, including 35 operations employing more than 20,000 peo- counties, Presidio and Zapata, there were no participating physicians at all to serve the Texans; and ple; and Whereas, The underwater grave, located Medicaid-eligible population; and Whereas, The Houston Gulf Coast has near- five and a half miles off the coast of Cher- Whereas, The border region historically ly 49 percent of the nation’s base petro- bourg, France, cradles to this day the re- has had high patient-to-physician ratios, re- chemicals manufacturing capacity; this is mains of 493 unrecovered and entombed sulting in limited access to health care serv- more than quadruple the manufacturing ca- American servicemen who have been honored ices and reduced utilization rates for these pacity of its nearest U.S. competitor; and by monuments erected across the United Whereas, Many of the commodities pro- services; in addition, the availability of med- States in their memory; and ical care in Mexico may also reduce utiliza- duced in this area are distributed throughout Whereas, World War II combat and wreck- tion rates for the region; and the nation, yet, while the entire country age locations, including many at sea, have Whereas, Low utilization rates along the benefits from the petroleum refining and pe- fallen prey to plunderers and looters who, in border create a distorted assessment of the trochemical industries, these industries seeking souvenirs and commercial reward, actual demand for services and inappropri- must bear the up-front costs of environ- have desecrated the memory of our valorous ately drive down the capitated reimburse- mental compliance while faced with global combatants and their final resting places; ment rates for both Medicaid and the Chil- competition without significant federal as- and sistance; and dren’s Health Insurance Program (CHIP); Whereas, The wreckage of the SS Leopold- Whereas, Currently, the federal govern- and ville is threatened by the practice of divers ment authorizes the issuance of tax-exempt Whereas, The average per-recipient reim- who descend to remove such artifacts as facility bonds to finance the building of in- bursement for the border region is 16 percent brass, portholes, and other parts of the ship stallations that are used for the public good, less than the statewide average, which cre- and who, if unchecked, may begin to extract such as airports, water plants, sewage and ates a disincentive for health care providers the personal effects and military equipment solid waste systems, and some hazardous to locate and provide services to Medicaid of the deceased and in so doing disturb the waste facilities; however, since 1986, such clients in the region; furthermore, low reim- sanctity of their burial site; and bond issues have no longer been authorized bursement rates complicate already limited Whereas, The State of New York has issued for air pollution control facilities; and access to health care as existing providers ei- a proclamation in memory of the victims of Whereas, The reduction of air pollution ther leave the program or limit their partici- the SS Leopoldville, and at least a dozen like clearly benefits all residents of the state, pation; and measures have been passed by other states to and air contaminant emission reductions are Whereas, Current Medicaid and CHIP reim- commemorate the men who lost their lives mandated by the federal government in non- bursement rates simply trap the Texas-Mex- in this tragedy and to ensure that they con- attainment areas; given the severity of the ico border counties in a cycle of limited ac- tinue their silent rest in dignity; now, there- up-front financial costs that are to be in- cess to care, low utilization rates, and low fore, be it curred in order to reduce the air contami- reimbursement rates, all of which further Resolved, That the 77th Legislature of the nant emissions in Texas nonattainment damage the medical infrastructure of the re- State of Texas hereby honor the American areas, restoring the previous provision that gion and create greater barriers to health servicemen who were lost when the troopship allowed the issuance of tax-exempt facility care access for Medicaid and CHIP clients; SS Leopoldville was sunk by an enemy tor- bonds to finance air pollution control facili- and pedo on December 24, 1944; and, be it further ties would significantly enhance the ability Whereas, The unique issues facing the bor- Resolved, That the Texas Legislature re- of regions such as the Houston-Galveston- der may not be apparent when evaluations of spectfully memorialize the Congress of the Brazoria and Beaumont-Port Arthur areas to the state as a whole mask discrepancies be- United States to take appropriate action to meet applicable National Ambient Air Qual- tween the border and the rest of the state; prevent further desecration of the SS Leo- ity Standards and avoid future sanctions; calculating the federal share of the state’s poldville or any of its contents; and, be it now, therefore, be it Medicaid costs, or the Federal Medical As- further Resolved, That the 77th Legislature of the sistance Percentage (FMAP), using the Resolved, That the Texas secretary of state State of Texas hereby respectfully urge the state’s per capita income may not provide an forward official copies of this resolution to Congress of the United States to amend the accurate assessment of the border region’s the president of the United States, to the Internal Revenue Code of 1986 to allow for needs; and speaker of the house of representatives and the issuance of tax-exempt facility bonds for Whereas, Establishing a separate FMAP the president of the senate of the United the purpose of financing air pollution control for the border region would recognize these States Congress, and to all the members of facilities in nonattainment areas and to pro- unique circumstances and allow current the Texas delegation to the congress with vide that such tax-exempt facility bonds state Medicaid funding in the region to draw the request that this resolution be officially issued during the years of 2003, 2004, 2005, down additional federal funds that would entered in the Congressional Record as a me- 2006, or 2007 for the construction of such air help eliminate the reimbursement disparity; morial to the Congress of the United States pollution control facilities not be subject to and of America. the volume cap requirements; and, be it fur- Whereas, Unless this disparity is resolved, ther the region will continue to suffer from an in- POM–138. A concurrent resolution adopted Resolved, That the Texas secretary of state adequate health care infrastructure that is by the Senate of the Legislature of the State forward official copies of this resolution to unable to address the medical needs of the of Texas relative to the Minerals Manage- the president of the United States, to the border residents; now, therefore, be it ment Service plan to proceed with the Outer

VerDate 19-JUL-2001 06:02 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.158 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7955 Continental Shelf Lease Sale 181; to the REPORTS OF COMMITTEES view of military service records to determine Committee on Energy and Natural Re- whether certain Jewish American war vet- sources. The following reports of committees erans, including those previously awarded were submitted: the Distinguished Service Cross, Navy Cross, SENATE CONCURRENT RESOLUTION NO. 34 By Mr. LEAHY, from the Committee on or Air Force Cross, should be awarded the Whereas, A strong domestic oil and gas in- the Judiciary, without amendment and with Medal of Honor; to the Committee on Armed dustry is vitally important to the United a preamble: Services. States economy and national defense; and S. Res. 16: A resolution designating August By Mr. HATCH (for himself, Mr. Whereas, This nation’s domestic oil and 16, 2001, as ‘‘National Airborne Day’’. BREAUX, Mrs. LINCOLN, Mr. ALLARD, gas production has decreased by 2.7 million S. Con. Res. 16: A concurrent resolution ex- Mr. THOMPSON, and Mr. GRAMM): barrels per day during the last 13 years, a 17 pressing the sense of Congress that the S. 1201. A bill to amend the Internal Rev- percent decline, at the same time that do- George Washington letter to Touro Syna- enue Code of 1986 to provide for S corpora- mestic consumption of oil has increased by gogue in Newport, Rhode Island, which is on tion reform, and for other purposes; to the more than 14 percent; and display at the B’nai B’rith Klutznick Na- Committee on Finance. Whereas, Currently, the United States im- tional Jewish Museum in Washington, D.C., By Mr. LIEBERMAN (for himself and ports approximately 55 percent of the oil is one of the most significant early state- Mr. THOMPSON): needed for the American economy, while the ments buttressing the nascent American S. 1202. A bill to amend the Ethics in Gov- demand for refined petroleum products is constitutional guarantee of religious free- ernment Act of 1978 (5 U.S.C. App.) to extend projected to increase by more than 35 per- dom. the authorization of appropriations for the Office of Government Ethics through fiscal cent and the demand for natural gas is pro- f jected to increase by more than 45 percent year 2006; to the Committee on Govern- over the next two decades; and EXECUTIVE REPORTS OF mental Affairs. Whereas, Much of the nation’s greatest po- COMMITTEE By Mr. SCHUMER: tential for future domestic production lies in S. 1203. A bill to amend title 38, United areas that are currently off limits to oil and The following executive reports of States Code, to provide housing loan benefits natural gas exploration and development, in- committee were submitted: for the purchase of residential cooperative cluding areas under congressional or presi- Mr. LEAHY. Mr. President, for the Com- apartment units; to the Committee on Bank- dential moratoria in the federal Outer Conti- mittee on the Judiciary. ing, Housing, and Urban Affairs. nental Shelf (OCS), where vast amounts of Ralph F. Boyd, Jr., of Massachusetts, to be By Mr. DURBIN (for himself, Mr. oil and natural gas may be available for ex- an Assistant Attorney General. ROCKEFELLER, Mr. EDWARDS, Mr. traction; and Robert D. McCallum, Jr., of Georgia, to be BIDEN, Mr. DORGAN, Mr. JOHNSON, and Whereas, For the first time since 1988, the an Assistant Attorney General. Mr. LEVIN): Minerals Management Service, a bureau of Roger L. Gregory, of Virginia, to be United S. 1204. A bill to amend title XVIII of the the United States Department of the Interior States Circuit Judge for the Fourth Circuit. Social Security Act to provide adequate cov- that manages the nation’s oil, gas, and other Sam E. Haddon, of Montana, to be United erage for immunosuppressive drugs furnished mineral resources in the OCS, has proposed States District Judge for the District of to beneficiaries under the medicare program an OCS lease sale for the eastern Gulf of Montana. that have received an organ transplant; to Mexico, in the portion of the Gulf 100 miles Richard F. Cebull, of Montana, to be the Committee on Finance. southwest of the Florida Panhandle and 15 United States District Judge for the District By Mr. BENNETT: miles south of the Alabama coastline; the of Montana. S. 1205. A bill to adjust the boundaries of bureau’s tentative schedule calls for bid Eileen J. O’Connor, of Maryland, to be an the Mount Nebo Wilderness Area, and for opening and reading in December 2001; and Assistant Attorney General. other purposes; to the Committee on Energy and Natural Resources. Whereas, The oil and gas industry has dem- Nominations without an asterisk By Mr. VOINOVICH (for himself, Mr. onstrated that it can be a good steward of were reported with the recommenda- INHOFE, Mr. FRIST, and Mr. MCCON- the environment while operating in the Gulf tion that they be confirmed.) NELL): of Mexico; and f S. 1206. A bill to reauthorize the Appa- Whereas, Oil and gas production from this lachian Regional Development Act of 1965, area of the Gulf of Mexico would help offset INTRODUCTION OF BILLS AND and for other purposes; to the Committee on current domestic energy production declines JOINT RESOLUTIONS Environment and Public Works. and assist the nation in meeting future en- By Mr. DOMENICI: ergy demand; and The following bills and joint resolu- S. 1207. A bill to direct the Secretary of Whereas, Numerous positive economic ben- tions were introduced, read the first Veterans Affairs to establish a national cem- efits for the State of Texas have been created and second times by unanimous con- etery for veterans in the Albuquerque, New by oil and gas industry activities in the Gulf, sent, and referred as indicated: Mexico, metropolitan area; to the Com- and many of the exploration and production By Mr. DODD (for himself, Mr. mittee on Veterans’ Affairs. companies that would participate in the OCS LIEBERMAN, and Mr. SESSIONS): By Mr. GRAHAM (for himself, Mr. Lease Sale 181 are headquartered in Texas as S. 1197. A bill to authorize a program of as- GRASSLEY, Mr. LIEBERMAN, Mr. DUR- are many of the oil field supply and service sistance to improve international building BIN, Ms. LANDRIEU, Mrs. CLINTON, and companies that would benefit by increased practices in eligible Latin America coun- Mr. SCHUMER): activities; and tries; to the Committee on Foreign Rela- S. 1208. A bill to combat the trafficking, Whereas, The economic benefits that would tions. distribution, and abuse of Ecstasy (and other result from oil and natural gas exploration, By Mr. LIEBERMAN (for himself and club drugs) in the United States; to the Com- development, and production of leases ac- Mr. THOMPSON): mittee on the Judiciary. quired in OCS Lease Sale 181 would continue S. 1198. A bill to reauthorize Franchise By Mr. BINGAMAN (for himself, Mr. to benefit the State of Texas and all the Fund Pilot Programs; to the Committee on BAUCUS, Mr. DASCHLE, Mr. CONRAD, states bordering the Gulf of Mexico; now, Governmental Affairs. Mr. ROCKEFELLER, Mr. BREAUX, Mr. therefore, be it By Mrs. HUTCHISON (for herself, Mr. KERRY, Mr. TORRICELLI, Mrs. LIN- Resolved, That the 77th Legislature of the BREAUX, Ms. COLLINS, Mr. BAUCUS, COLN, Mr. JEFFORDS, Mr. BAYH, Mr. State of Texas hereby declare support for the Mr. CHAFEE, Ms. LANDRIEU, Mr. LOTT, DAYTON, and Mr. LIEBERMAN): Minerals Management Service plan to pro- Mr. CONRAD, Mr. MURKOWSKI, Mr. AL- S. 1209. A bill to amend the Trade Act of ceed with the Outer Continental Shelf Lease LARD, Mr. BROWNBACK, Mr. COCHRAN, 1974 to consolidate and improve the trade ad- Sale 181 for the eastern Gulf of Mexico sched- Mr. DOMENICI, Mr. GRAMM, Mr. ENZI, justment assistance programs, to provide uled for December 5, 2001; and, be it further Mr. HELMS, Mr. HUTCHINSON, Mr. community-based economic development as- Resolved, That the Texas secretary of state INHOFE, Mr. NICKLES, Mr. STEVENS, sistance for trade-affected communities, and forward official copies of this resolution to and Mr. THOMAS): for other purposes; to the Committee on Fi- the Director of the Minerals Management S. 1199. A bill to amend the Internal Rev- nance. Service, to the Secretary of the Interior, to enue Code of 1986 to allow a tax credit for f the President of the United States, to the marginal domestic oil and natural gas well speaker of the house of representatives and production and an election to expense geo- SUBMISSION OF CONCURRENT AND the president of the senate of the United logical and geophysical expenditures and SENATE RESOLUTIONS States Congress, and to all the members of delay rental payments; to the Committee on The following concurrent resolutions the Texas delegation to the Congress with Finance. the request that this resolution be officially By Mr. CLELAND (for himself and Mr. and Senate resolutions were read, and entered in the Congressional Record as a me- LIEBERMAN): referred (or acted upon), as indicated: morial to the Congress of the United States S. 1200. A bill to direct the Secretaries of By Mr. DASCHLE (for himself and Mr. of America. the military departments to conduct a re- LOTT):

VerDate 19-JUL-2001 06:19 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.162 pfrm04 PsN: S19PT1 S7956 CONGRESSIONAL RECORD — SENATE July 19, 2001 S. Res. 137. A resolution to authorize rep- S. 620 sor of S. 942, a bill to authorize the sup- resentation by the Senate Legal Counsel in At the request of Mr. HARKIN, the plemental grant for population in- John Hoffman, et al. v. James Jeffords; con- names of the Senator from Montana creases in certain states under the sidered and agreed to. (Mr. BAUCUS) and the Senator from temporary assistance to needy families f South Dakota (Mr. JOHNSON) were program for fiscal year 2002. ADDITIONAL COSPONSORS added as cosponsors of S. 620, a bill to S. 999 S. 242 amend the Elementary and Secondary At the request of Mr. BINGAMAN, the At the request of Mr. BINGAMAN, the Education Act of 1965 regarding ele- name of the Senator from New York name of the Senator from North Caro- mentary school and secondary school (Mr. SCHUMER) was added as a cospon- lina (Mr. HELMS) was added as a co- counseling. sor of S. 999, a bill to amend title 10, sponsor of S. 242, a bill to authorize S. 661 United States Code, to provide for a funding for University Nuclear Science At the request of Mr. THOMPSON, the Korea Defense Service Medal to be and Engineering Programs at the De- name of the Senator from Wyoming issued to members of the Armed Forces partment of Energy for fiscal years 2002 (Mr. THOMAS) was added as a cosponsor who participated in operations in through 2006. of S. 661, a bill to amend the Internal Korea after the end of the Korean War. S. 367 Revenue Code of 1986 to repeal the 4.3- S. 1017 At the request of Mrs. BOXER, the cent motor fuel exercise taxes on rail- At the request of Mr. DODD, the name name of the Senator from Delaware roads and inland waterway transpor- of the Senator from South Dakota (Mr. (Mr. CARPER) was added as a cosponsor tation which remain in the general JOHNSON) was added as a cosponsor of of S. 367, a bill to prohibit the applica- fund of the Treasury. S. 1017, a bill to provide the people of tion of certain restrictive eligibility S. 826 Cuba with access to food and medicines requirements to foreign nongovern- At the request of Mrs. LINCOLN, the from the United States, to ease restric- mental organizations with respect to name of the Senator from Washington tions on travel to Cuba, to provide the provision of assistance under part I (Mrs. MURRAY) was added as a cospon- scholarships for certain Cuban nation- of the Foreign Assistance Act of 1961. sor of S. 826, a bill to amend title XVIII als, and for other purposes. S. 392 of the Social Security Act to eliminate S. 1018 At the request of Mr. SARBANES, the cost-sharing under the medicare pro- At the request of Mr. LEVIN, the name of the Senator from Massachu- gram for bone mass measurements. names of the Senator from Vermont setts (Mr. KENNEDY) was added as a co- S. 829 (Mr. LEAHY) and the Senator from Mas- sponsor of S. 392, a bill to grant a Fed- At the request of Mr. BROWNBACK, the sachusetts (Mr. KENNEDY) were added eral Charter to Korean War Veterans name of the Senator from California as cosponsors of S. 1018, a bill to pro- Association, Incorporated, and for (Mrs. BOXER) was added as a cosponsor vide market loss assistance for apple other purposes. of S. 829, a bill to establish the Na- producers. S. 501 tional Museum of African American S. 1075 At the request of Mr. GRAHAM, the History and Culture within the Smith- At the request of Mr. BIDEN, the name of the Senator from Michigan sonian Institution. name of the Senator from Massachu- (Ms. STABENOW) was added as a cospon- S. 836 setts (Mr. KENNEDY) was added as a co- sponsor of S. 1075, a bill to extend and sor of S. 501, a bill to amend titles IV At the request of Mr. CRAIG, the and XX of the Social Security Act to name of the Senator from South Caro- modify the Drug-Free Communities Support Program, to authorize a Na- restore funding for the Social Services lina (Mr. HOLLINGS) was added as a co- Block Grant, to restore the ability of sponsor of S. 836, a bill to amend part tional Community Antidrug Coalition States to transfer up to 10 percent of C of title XI of the Social Security Act Institute, and for other purposes. TANF funds to carry out activities to provide for coordination of imple- S. 1169 under such block grant, and to require mentation of administrative sim- At the request of Mr. FEINGOLD, the an annual report on such activities by plification standards for health care in- name of the Senator from Mississippi the Secretary of Health and Human formation. (Mr. COCHRAN) was added as a cospon- Services. sor of S. 1169, a bill to streamline the S. 852 S. 565 regulatory processes applicable to At the request of Mrs. FEINSTEIN, the At the request of Mr. DODD, the name home health agencies under the medi- name of the Senator from Minnesota of the Senator from Vermont (Mr. JEF- care program under title XVIII of the (Mr. DAYTON) was added as a cosponsor FORDS) was added as a cosponsor of S. Social Security Act and the medicaid of S. 852, a bill to support the aspira- 565, a bill to establish the Commission program under title XIX of such Act, tions of the Tibetan people to safe- on Voting Rights and Procedures to and for other purposes. guard their distinct identity. study and make recommendations re- S. 1195 S. 880 garding election technology, voting, At the request of Mr. SARBANES, the and election administration, to estab- At the request of Mrs. LINCOLN, the name of the Senator from Rhode Island name of the Senator from Massachu- lish a grant program under which the (Mr. REED) was added as a cosponsor of Office of Justice Programs and the setts (Mr. KERRY) was added as a co- S. 1195, a bill to amend the National Civil Rights Division of the Depart- sponsor of S. 880, a bill to amend title Housing Act to clarify the authority of ment of Justice shall provide assist- XVIII of the Social Security Act to the Secretary of Housing and Urban ance to States and localities in improv- provide adequate coverage for immuno- Development to terminate mortgagee ing election technology and the admin- suppressive drugs furnished to bene- origination approval for poorly per- istration of Federal elections, to re- ficiaries under the medicare program forming mortgagees. quire States to meet uniform and non- that have received an organ transplant, At the request of Mr. SARBANES, the discriminatory election technology and and for other purposes. name of the Senator from Nevada (Mr. administration requirements for the S. 905 REID) was withdrawn as a cosponsor of 2004 Federal elections, and for other At the request of Mr. HARKIN, the S. 1195, supra. purposes. names of the Senator from Minnesota S. RES. 109 S. 567 (Mr. WELLSTONE) and the Senator from At the request of Mr. REID, the name At the request of Mr. SESSIONS, the Michigan (Ms. STABENOW) were added of the Senator from Delaware (Mr. name of the Senator from Idaho (Mr. as cosponsors of S. 905, a bill to provide CARPER) was added as a cosponsor of S. CRAPO) was added as a cosponsor of S. incentives for school construction, and Res. 109, a resolution designating the 567, a bill to amend the Internal Rev- for other purposes. second Sunday in the month of Decem- enue Code of 1986 to provide capital S. 942 ber as ‘‘National Children’s Memorial gain treatment under section 631(b) of At the request of Mr. GRAHAM, the Day’’ and the last Friday in the month such Code for outright sales of timber name of the Senator from New Mexico of April as ‘‘Children’s Memorial Flag by landowners. (Mr. DOMENICI) was added as a cospon- Day.’’

VerDate 19-JUL-2001 06:02 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.081 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7957 S. CON. RES. 52 codes, much of this assistance goes to Latin America. Students of architec- At the request of Mr. CORZINE, the waste. For example, following the ture in Latin America want to be name of the Senator from Minnesota earthquakes in El Salvador in 1986, the taught proper standards and code ap- (Mr. DAYTON) was added as a cosponsor United States provided $98 million dol- plication, and local governments have of S. Con. Res. 52, a concurrent resolu- lars to rebuild that country. Most of requested the code in Spanish. So, this tion expressing the sense of Congress the reconstruction was done by local is not a case of the ‘‘ugly’’ America im- that reducing crime in public housing Salvadoran contractors, and these posing its will on Latin America. We should be a priority, and that the suc- structures were not built to code. Now, have been asked to share this life- cessful Public Housing Drug Elimi- 15 years later, following the most re- saving code with our Southern neigh- nation Program should be fully funded. cent earthquakes in El Salvador, the bors and, indeed, the number of re- S. CON. RES. 59 United States offered over $100 million quests from different countries has At the request of Mr. HUTCHINSON, dollars in aid. Had reconstruction in been staggering. the names of the Senator from Maine 1986 been done to code, undoubtedly the In short, this legislation will save (Ms. COLLINS) and the Senator from cost of the most recent earthquake lives, lessen the damage caused by fu- Missouri (Mrs. CARNAHAN) were added would have been lower in both mone- ture disasters, and illustrate our good as cosponsors of S. Con. Res. 59, a con- tary value and lives. will toward our Latin American allies current resolution expressing the sense To remedy this problem, and encour- while proving to be cost-effective for of Congress that there should be estab- age safe, modern building practices in the United States through decreased lished a National Community Health countries that need them the most, I aid following future disasters. For a de- Center Week to raise awareness of introduce today, with my colleagues tailed analysis of the problem, and this health services provided by commu- Senator LIEBERMAN and Senator SES- solution, I wish to draw my colleagues nity, migrant, public housing, and SIONS, the Code and Safety for the attention to an article by Steven homeless health centers. Americas, CASA Act. The CASA Act Forneris, an American architect living would authorize the expenditure of $3 in Ecuador, that appeared in ‘‘Building f million over two years from general Standards’’ magazine. In it, Mr. STATEMENTS ON INTRODUCED foreign aid funds to translate the Inter- Forneris argues the value of this pro- BILLS AND JOINT RESOLUTIONS national Code Council family of build- posal from his position at the front By Mr. DODD (for himself, Mr. ing codes, which are the standard for lines in Ecuador. He clearly and elo- LIEBERMAN, and Mr. SESSIONS): the United States, into Spanish. Fur- quently outlines why Latin America S. 1197. A bill to authorize a program thermore, it would provide funding for needs building code reform, and why it of assistance to improve international the International Code Council’s pro- is in the best interests of the United building practices in eligible Latin posal to train architects and contrac- States to involve itself in this endeav- American countries; to the Committee tors in El Salvador and Ecuador in the or. on Foreign Relations. proper use of the code. By educating The CASA Act is common-sense leg- Mr. DODD. Mr. President, I rise builders and providing them the nec- islation that will dramatically improve today to introduce legislation that will essary code for their work in their own the lives of citizens of our hemisphere, improve building safety in Latin Amer- language, it is only a matter of time and represents a real chance for Amer- ica, increase the cost-effectiveness of before we will begin to see safer build- ican leadership in the Hemisphere at our disaster relief assistance, and, ings in the region, and a return on our very little cost. I hope that my col- most importantly, save lives. As many investment. The United States spent leagues will join me in this humani- of us know, throughout the last decade, over $10 million in body bags, tem- tarian effort. the people of Latin America have been porary tent housing, and first aid alone I ask unanimous consent that Mr. the victims of numerous natural disas- following the recent earthquake in El Forneris’ article be printed in the RECORD. ters that have resulted in death, prop- Salvador. For a comparatively modest There being no objection, the article erty damage, and destruction. Indeed, sum, $3 million, we can reduce the need was ordered to be printed in the in the last three years the continent for this type of aid by attacking the RECORD, as follows: has been ravaged by Hurricane Mitch, problem of shoddy building before it [From Building Standards, March–April 2001] earthquakes in El Salvador and Peru, begins. and horrendous rains and mudslides. In addition, after this program has IS IT WRONG TO ASK FOR HELP ON BUILDING CODES? These disasters have exacted a tremen- been implemented in El Salvador and (By Stephen Forneris) dous toll on the region, causing over Ecuador, it could easily be replicated I work in the field of architecture, part of 12,000 deaths, $40 billion in damage, and in other Latin American countries at the time in the City of Guayaquil, Ecuador, numerous injuries. low cost, requiring only funding for the and the other part of the time in New York The cost to rebuild following these training program. While we want to State. Like everyone involved in this profes- disasters is prohibitive and places a start this program on a small scale, I sion, one of my chief responsibilities is to tremendous burden on the already am confident that other countries will guard the health, safety and welfare of my struggling emerging economies of request similar training programs in clients. The architects I work with in New Latin America. To mitigate this cost, the future. In fact, other countries York do this by following the International the United States has frequently re- have already asked to be considered for Codes promulgated by the International Code Council (ICC). When working as an ar- leased disaster relief funds to help af- a future expansion of the program. The chitect myself in the small Latin American fected countries recover the injured, Inter-American Development Bank and nation of Ecuador, which simply does not maintain order, and rebuild their infra- UN have expressed interest in this idea, have the resources to develop a complete structure. For example, the combined and are potential candidates to provide building code of its own, I am left with a set assistance released by the United partial funding of any future expan- of very limited and woefully inadequate States following Hurricane Mitch and sion. Given this interest, it is highly codes. Ecuador developed its current code 20 the recent earthquakes totals over $1.2 likely that, in the future, a public-pri- years ago by translating portions of 1970s billion. I fully support these appropria- vate partnership can be constructed to versions of the American Concrete Institute tions, and believe that we have a duty expand this program to Peru, Guate- ‘‘Building Code Requirements for Reinforced to assist our neighbors and allies when mala, and the rest of Spanish-speaking Concrete and the Uniform Building Code’’ they are confronted with natural disas- Latin America. Also, we cannot forget (UBC). While a noble effort at the time, it is ters. I do, however, believe that we can the valuable contributions that Amer- antiquated by today’s standards. The adopt- make this assistance more cost-effec- ican volunteer organizations such as ed provisions only address structural design tive in the long run, while saving lives. the International Executive Service requirements and the code does not provide As I stated, I fully support offering for any general life-safety design concerns Corps can make to this program in the such as fire and egress. In 1996, the president U.S. monetary assistance to rebuild long-run. of Ecuador signed a bill to develop a new following natural disasters. However, This legislation is supported by ar- code, but it will take years before it is fully because much of Latin America does chitects, contractors, and public offi- complete and will still only consider struc- not utilize modern, up-to-date building cials both in the United States and in tural design requirements. So what does this

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.082 pfrm04 PsN: S19PT1 S7958 CONGRESSIONAL RECORD — SENATE July 19, 2001 have to do with the United Nations or the their homes still do not meet any of the gen- and Midwest have a common interest: U.S. Government? erally accepted U.S. building code standards. to make the United States less suscep- As part of its International Decade for I have to wonder what kind of message we tive to the volatility of world oil mar- Natural Disaster Reduction program, the are sending to developing countries? Have we United Nation’s Risk Assessment Tools for created a ‘‘disaster lottery’’ in which needed kets by reducing America’s dependence Diagnosis of Urban Areas Against Seismic aid comes only after images of devastation on foreign oil. I understand that when Disasters (RADIUS) project conducted a flash across the evening news? If so, South the price of home heating oil spikes in study of Guayaquil. The RADIUS team de- America alone stands to receive hundreds of the Northeast, it hurts those Senators’ termined there to be a 53-percent chance millions of dollars in disaster relief over the constituents. They understand when that a magnitude 8.0 or greater earthquake next few years. In contrast, code translation, the price of oil falls below $10 a barrel, will strike within 200 miles of the city in the certification and training would greatly re- as it did just over two years ago, and next 50 years. An estimated 26,000 fatalities duce the risk in the region for much less. we lose 18,000 jobs as we did in Texas, would result, along with approximately What we need to do is think about saving that hurts my constituents. We under- 90,000 injuries severe enough to require hos- lives now. It is sad to think that it may be pitalization. Projections indicate that up to easier to get coffins in which to bury the stand that these are merely two sides 75 percent of the local hospitals would be dead than the building codes that would save of the same coin: growing dependence non-operational and 90,000 people left home- many of those same people’s lives. It is my on foreign oil. less. Power would be out for up to three hope that the U.S. and United Nations, moti- In fact, at the heart of my legislation weeks, telephones inoperable and roads im- vated by compassion, foresight and simple is the goal of reducing our imports of passable for two months, running water cut economics, can help provide all of Latin foreign oil to less than 50 percent by off for three months, and sewage systems un- America with the truly vital and life-pro- the year 2010. While it is incredible to usable for a year. All told, damage from the tecting building codes the region urgently me that we have let America slide into tragedy is expected to exceed one billion needs. greater than 55 percent dependence U.S. dollars . . . and Guayaquil, which is sit- REFERENCES today, from the 46 percent dependence uated in a zone of high seismic activity that Jaime Argudo. ‘‘Radius Study’’ IIFIUC stretches from Chile to Alaska, is not even we saw in 1992, nevertheless a goal of Guayaquil Ecuador, University Cato´ lica de producing at least half of our oil needs the most vulnerable of Ecuador’s cities. Santiago de Guayaquil, page 8. I watched news of the recent earthquakes U.S. Agency for International Develop- right here in the United States is a in El Salvador and India with apprehension, ment website. www.usaid.gov. 2/26/01. laudable and, I believe, an achievable knowing that it is only a matter of time be- James Lee Witt, Director of U.S. Federal one. fore Guayaquil joins the ranks of these hor- Emergency Management Agency, remarks to The core problem with our growing rific human disasters. My colleagues in New the International Code Council, 9/13/99, St. dependence on foreign oil is an under- York and I are shocked at what those poor Louis, MO. utilized domestic reserve base of both people must be going through and are proud Julie Watson, ‘‘El Salvador Seeks Aid after crude oil and natural gas. In 1992, we that our government is doing its part to Quake’’, 2/15/01. Reprinted with permission of help. We are a kind people at our core, and The Associated Press. imported 46 percent of our oil needs the U.S. Agency for International Develop- Sandra Sobieraj, ‘‘Bush Promises Help For from overseas. It is equally important ment (USAID) has given El Salvador El Salvador,’’ 3/2/01. Reprinted with permis- to realize that in 1974, when America $8,365,777 and India $12,595,631 in assistance. I sion of The Associated Press. was brought to her knees by the OPEC have to wonder, though, if the U.S. govern- oil embargo, we imported only 36 per- ment has been able to allocate nearly $21 By Mrs. HUTCHISON (for herself, cent of our oil. Today, as I mentioned, million over the past few months for inter- Mr. BREAUX, Ms. COLLINS, Mr. we stand at over 55 percent imports. national disaster relief, should it not be pos- BAUCUS, Mr. CHAFEE, Ms. While it is true that OPEC controls sible to get funding to mitigate the effects of LANDRIEU, Mr. LOTT, Mr. less, in percentage terms, of the world future disasters like these? CONRAD, Mr. MURKOWSKI, Mr. In 1999, James Lee Witt, then director of oil market than it did in 1974, if the the U.S. Federal Emergency Management ALLARD, Mr. BROWNBACK, Mr. major oil producing countries of the Agency (FEMA) stated: ‘‘At FEMA, we’re COCHRAN, Mr. DOMENICI, Mr. world were ever to get their collective working to change the way Americans think GRAMM, Mr. ENZI, Mr. HELMS, act together, they cold not only wreak about disasters. We’ve made prevention the Mr. HUTCHINSON, Mr. INHOFE, havoc with the American economy, focus of emergency management in the Mr. NICKLES, Mr. STEVENS, and they could literally shut it down. As United States, and we believe strong, rigor- Mr. THOMAS): the sole remaining superpower in the ously enforced building codes are central to S. 1199. A bill to amend the Internal world, and as the country with an econ- that effort.’’ In 1999, FEMA signed an agree- Revenue Code of 1986 to allow a tax omy that is the envy of the industri- ment with ICC to encourage states to adopt credit for marginal domestic oil and and enforce the International Building Code alized world, this threat to our eco- (IBC). As the U.S. government has turned to natural gas well production and an nomic as well as our national security an aggressive program of domestic preven- election to expense geological and geo- is simply and totally unacceptable. tion, it only seems logical to apply this phi- physical expenditures and delay rental We simply must take steps today to losophy in its projects abroad. payments; to the Committee on Fi- increase the amount of oil and natural Guayaquil, and all of Latin America for nance. gas we produce right here at home. It that matter, needs our help right now. The Mrs. HUTCHISON. Mr. President, I is estimated that, in total, the United FEMA-endorsed International Codes argu- rise today to speak about an energy States possesses as much as 160 billion ably provide the best mitigation for natural bill I am re-introducing this year, mar- disasters available in the world, and ICC rep- barrels of oil and as many as 1,700 tril- resentatives have informed me that they ginal well tax credits. I am proud to in- lion cubic feet of natural gas. This is have a team ready to translate them into troduce the Hutchison-Breaux-Collins enough to fuel the U.S. economy for at Spanish. If USAID is capable of providing Marginal Well Preservation Act of 2001. least 60 years without importing a sin- such quick and significant funding for plas- As we look to long-term solutions to gle drop of foreign oil. While shutting- tic sheets, water jugs, hygiene kits, food as- the high cost of gasoline, electricity off foreign oil completely may not be sistance, etc., why not consider funding and home heating oil, marginal well realistic, it is realistic to utilize our translation of the International Codes for a tax incentives are critical to increas- reserves much more than we do today. fraction of that cost? ing supply and retaining our energy Believe it or not, much of this oil and In February of this year, The Associated Press reported that USAID had agreed to independence. Our crisis of volatile fuel gas could be produced in areas where it provide an additional $3 million to El Sal- prices in the U.S. has led this year to is being produced today and has for vador for emergency housing. Less than a historically high gasoline prices, air- decades that is not environmentally month later, President Bush pledged $100 line ticket surcharges for rising jet fuel sensitive. That is why I have advocated million more in aid, which El Salvador’s costs, and expected problems with high for tax incentives that would make it President Francisco Flores has stated will be home heating oil costs this coming economically feasible for production to used to reconstruct basic infrastructure and winter. This problem is real, it is grow- continue and actually increase in areas housing in the country. It is worth recalling ing, and it demands a response from largely where production takes place that only 15 years ago the U.S. government provided El Salvador reconstruction funds Congress to join with the Administra- today. Much of this production is from totaling $98 million after a smaller earth- tion to find a comprehensive, long- so-called ‘‘marginal’’ wells, those wells quake. This brings the total to more than term solution. that produce less than 15 barrels of oil $200 million in less than 20 years, yet the Senators representing all regions of and less than 90 thousand cubic feet of people of El Salvador are no safer because the country, including the Northeast natural gas per day.

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.090 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7959 Many of these wells are so small be price takers. To do that, we’ve got 1993 S Corporation Reform Act I men- that, once they close, they never re- to increase our domestic supply. We tioned earlier, more needs to be done to open. There were close to 500,000 such have an excellent opportunity to unite bring the tax treatment of these impor- wells across the U.S. Together, they around this bill, Democrats and Repub- tant businesses into the 21st Century. have the capacity to produce 20 percent licans, energy production and energy This is what our bill today is all about. of America’s oil. This is roughly the consumption States. A May 2001 study by the Federal Re- same amount of oil the U.S. imports Marginal well tax incentive legisla- serve Bank of Kansas City highlights from Saudi Arabia. During the oil price tion is a positive, proactive approach the importance of small businesses to plummet over two years ago, more that I believe can garner a majority of our economy and points out why Con- than a quarter of these wells closed, support in Congress and that will begin gress should do everything possible to many of them for good. to reverse the slide toward greater and make it easier for these entities to get The overwhelming majority of pro- greater dependence on foreign oil. started and grow. The study points out ducing wells in Texas are marginal that more than 75 percent of the net wells. A survey by the Independent By Mr. HATCH. (for himself, Mr. new jobs created from 1990 to 1995 oc- Producers Association of America, BREAUX, Mrs. LINCOLN, Mr. AL- curred in small firms, defined as those IPAA, found that marginal wells ac- LARD, Mr. THOMPSON, and Mr. with fewer than 500 employees. More- count for 75 percent of all crude pro- GRAHAM): over, seven of the ten fastest growing duction for small independent opera- S. 1201. A bill to amend the Internal industries have been dominated by tors; up to 50 percent for mid-sized Revenue Code of 1986 to provide for S small businesses in recent years, in- independents; and up to 20 percent for corporation reform, and for other pur- cluding the high technology sector, large companies. poses; to the Committee on Finance. where small firms employ 38 percent of A more sensible energy independence Mr. HATCH. Mr. President, I rise that industry’s workers. today to introduce the Subchapter S policy would be to offer tax relief to In the rural parts of America, the Modernization Act of 2001. I am very producers of these smaller wells that role of small enterprises is even more pleased to be joined in this effort by would help them stay in business when important. Small businesses account Senators BREAUX, LINCOLN, THOMPSON, prices fall below a break-even point. for 90 percent of all rural establish- ALLARD, and GRAMM. When U.S. producers can stay in busi- ments. In 1998, small companies em- The bill we are introducing today is a ness during periods of low prices, sup- ployed 60 percent of rural workers and continuation of a bipartisan effort that ply will be higher and help keep prices provided half of rural payrolls. began in the Senate nearly a decade from shooting up too high. What do these small businesses, espe- My legislation provides a maximum ago when former Senators Pryor and cially those in small-town America, $3 per barrel tax credit for the first 3 Danforth, along with myself and six most need to grow, to thrive, and even barrels of daily production from a mar- other senators, introduced the S Cor- to survive? According to the White ginal oil well, and a similar credit for poration Reform Act of 1993. We recog- House Conference on Small Business, marginal gas wells. The marginal oil nized then, as the sponsors of today’s two of the most important issue areas well credit would be phased in-and-out bill do now, that S corporations are a for these enterprises is easier access to in equal increments as prices for oil vital and growing part of our economy capital and an easing of the tax burden. and natural gas fall and rise. For oil, it and that our tax law should reflect the The bill we are introducing today ad- would phase in between $18 and $15 per importance of these entities and pro- dresses both of these vital issues. barrel. vide tax rules that allow them to grow A counter-cyclical system such as and compete with a minimum of com- Perhaps the biggest challenge facing this would help keep producers alive plexity and a maximum of flexibility. all kinds of businesses, but especially during the record low prices, so they According to the Joint Committee on smaller ones, is attracting adequate can be producing during the record Taxation, there were nearly 2.6 million capital. Unfortunately, Subchapter S is highs. This would gradually ease our S corporations in the United States in currently a hindrance, rather than a dependence on overseas oil. 1998, up from about 500,000 in 1980. In help, for many corporations facing this There’s another benefit to encour- fact, S corporations now outnumber challenge. For example, current law al- aging marginal well production: it has both C corporations and partnerships. lows for only one class of stock for S a multiplier effect. In 1997, these low- These are predominantly small busi- corporations. Further, S corporations volume wells generated $314 million in nesses in the retail and service sectors. are not allowed currently to issue con- taxes paid annually to State govern- Over 92 percent of all S corporations in vertible debt. Nor are they allowed to ments. These revenues are sued for 1998 reported less than $1 million in as- have a non-resident alien as a share- State and local schools, highways and sets. Many of these businesses, how- holder. These restrictions all limit the other state-funded projects and serv- ever, are growing rapidly. These are ability of S corporations in attracting ices. the kinds of businesses that make up capital, which is very often the life- Another idea in my plan is to offer ‘‘Main Street USA.’’ In my home state blood of growing a business. incentives to restart inactive wells by of Utah, over half the corporations Several of the provisions of the Sub- offering producers a tax exemption for have elected Subchapter S treatment. chapter S Modernization Act are de- the costs of doing so. This would en- Subchapter S of the Internal Revenue signed to alleviate these restrictions sure greater oil availability and also Code was enacted in 1958 to help re- on the ways S corporations can attract increase Federal and State tax reve- move tax considerations from small capital. This will help make them more nues paid by oil producers and energy business owners’ decisions to incor- competitive with other small enter- sector employees. Everyone wins. More porate. This elective tax treatment has prises doing business in other forms, jobs, more State and Federal revenue, been helpful to millions of small busi- such as partnerships or limited liabil- and, most importantly, more domestic nesses over the years, particularly to ity companies, that do not face such oil. those just starting out. Subchapter S barriers. Studies and actual results have borne provides entrepreneurs the advantage Even though electing Subchapter S this out. In Texas, a program similar of corporate protection from liability currently offers much to a small cor- to this has met with considerable suc- along with the single level of tax en- poration in the way of tax relief, prin- cess. Over 6,000 wells have been re- joyed by partnerships and limited li- cipally because such an election elimi- turned to production, injecting ap- ability companies. nates the corporate level of taxation, S proximately $1.65 billion into the Texas However, Subchapter S as enacted corporations still face some significant economy each year. We should try this and modified over the years contains a tax burdens in the way of potential pit- nationwide. variety of limitations, restrictions, and falls and tax traps for the unwary. We do not have to be at the whim of pitfalls for the unwary. And, even Some of these impediments exist in the market forces beyond our control. The though some very important improve- requirements of elective S corporation only way out, though, is to be part of ments have been made over the years, status, and others are in the rules gov- the price setting process, rather than including many first introduced in the erning the day-to-day operations of the

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.086 pfrm04 PsN: S19PT1 S7960 CONGRESSIONAL RECORD — SENATE July 19, 2001 entities. In either case, these provi- The S Corporation Modernization Act the IRS) have now enacted statutes creating sions stifle growth and impede job cre- enjoys the support of a broad range of limited liability companies (LLCs). LLCs op- ation. associations and trade groups, many of erate like S corporations (with limited li- Most of the sections of the bill we in- ability and subject to a single level of tax), which have worked with us in crafting but face none of the burdensome and unnec- troduce today are dedicated to elimi- the bill. I want to especially acknowl- essary restrictions. As a result, new business nating many of these barriers and edge the assistance of the American In- enterprises are being formed at an accel- making it easier for companies to elect stitute of Certified Public Account- erating rate under the LLC regime. The Sub- Subchapter S and to operate in this ants, the Taxation Section of the chapter S Modernization Act of 2001 will go status once the election is made. American Bar Association, the Inde- a long way toward lifting these needless bur- The Small Business Job Protection dens on S corporations. pendent Bankers Association of Amer- For these reasons, we agree with you that Act of 1996 made many important ica, and the Utah Bankers Association. it is again time to revisit Subchapter S re- changes to Subchapter S. One of the These organizations contributed time form, and we look forward to working with most significant was the ability for and talent in making recommendations you to enact the S Corporation Moderniza- small banks to elect to be S corpora- for many of the improvements in this tion Act of 2001. Thank you again for your tions for the first time. This opened bill. championship of this important initiative. the door for many small community I urge my colleagues to take a close Sincerely, banks to become more competitive U.S. Chamber of Commerce; Employee- look at this bill, and to support it. Owned S Corporations of America; S with other financial institutions oper- Thousands of small and growing busi- Corporation Association; National ating in their towns and neighbor- nesses in every State will benefit from Cattleman’s Beef Association; Associ- hoods. So far, more than 1,400 banks in the improvements included therein. Its ated General Contractors of America; the U.S. have made the election, which enactment will lead to an increased National Association of Realtors; Na- represents about 18 percent of the more ability of these enterprises to attract tional Multi Housing Council; National than 8,000 community banks in the capital, expand, and create new jobs. Apartment Association; Small Busi- ness Survival Committee; Independent United States. I ask unanimous consent that a sec- According to a survey taken earlier Insurance Agents of America; National tion-by-section description of the bill Association of Manufacturers; Inde- this year by the accounting firm Grant and a letter of support from a group of pendent Community Bankers of Amer- Thornton, 3 percent of the remaining organizations that endorse it be print- ica; American Bankers Association; community banks plan to elect Sub- ed in the RECORD. Utah Bankers Association; Independent chapter S status in 2001, and another 14 There being no objection, the addi- Bankers Association of Texas; Inde- percent are considering the election tional material was ordered to be pendent Bankers of Colorado; Maine Association of Community Banks; after this year. printed in the RECORD, as follows: The availability of Subchapter S has Independent Community Bankers of SUPPORTERS OF S CORPORATION Minnesota; Community Bankers of been a positive development in increas- MODERNIZATION Wisconsin; Community Bankers Asso- ing profitability and competitiveness DEAR SENATORS HATCH, BREAUX, LINCOLN, ciation of Indiana; Community Bank- of many community banks. However, AND ALLARD: The undersigned organizations, ers Association of Kansas; Bluegrass two problems currently exist. The first speaking on behalf of many of America’s Bankers Association; The Community is that current law includes several sig- small businesses, want to commend and Bankers Association of Alabama; Inde- nificant hurdles to many small banks thank you for sponsoring the S Corporation pendent Community Bankers of New in converting to S corporation status. Modernization Act of 2001. This important Mexico; Iowa Independent Bankers; These include restrictions on the types legislation will improve capital formation California Independent Bankers; Com- munity Bankers Association of Illinois; and number of shareholders allowed. opportunities for small businesses, preserve family-owned businesses, and eliminate un- Montana Independent Bankers; Mis- The second problem is that some of the necessary and unwarranted traps for tax- souri Independent Bankers Associa- operating rules under Subchapter S are payers. We want to express our unqualified tion; Nebraska Independent Commu- unduly inflexible, complex, and harsh. and enthusiastic support for the entire bill. nity Bankers; Arkansas Community The bill we introduce today attempts In 1958, Congress created S corporations to Bankers; Community Bankers Associa- to address many of these challenges by create an effective alternative business tion of Georgia; Michigan Association easing the restrictions on the kinds of structure for private entrepreneurs. Under of Community Bankers; Community shareholders who can own S corpora- Subchapter S, if certain requirements and Bankers of Louisiana; Independent Bankers Association of New York; tion stock and the number of share- restrictions are met, a business can choose to operate in corporate form without being Pennsylvania Association of Commu- holders allowed, as well as relaxing penalized with a second level of tax. Today, nity Bankers; Independent Community some of the operational rules. These about 2.6 million S corporations operate in Bankers of South Dakota; Independent changes are designed to make it sig- virtually every sector and in every State Community Bankers of North Dakota; nificantly easier for community banks across America. These S corporations em- West Virginia Association of Commu- to take advantage of the benefits of ploy many Americans and hold over $1.45 nity Bankers; Virginia Association of Subchapter S. trillion in business assets. Community Banks; Community Bank- Small businesses are key to the con- Though many of these businesses have ers Association of Oklahoma; Commu- tinued growth of our economy and to been successful ventures, the qualifications nity Bankers Association of New Hampshire. future job creation. The way I see it, it and restrictions contained in the original Subchapter S rules were very limiting and is the job of government to see that un- complex. Over time, Congress has removed SUBCHAPTER S MODERNIZATION ACT OF 2001— necessary restrictions and barriers to some of these restrictions and has made in- SECTION-BY-SECTION DESCRIPTION the success of these businesses are re- cremental changes to update and improve The Subchapter S Modernization Act of moved so that these small enterprises the Subchapter S rules. Congress last acted 2001 includes the following provisions to help can attract capital and function with in 1996 to pass reforms to make S Corpora- improve capital formation opportunities for the maximum of efficiency. tion rules more compatible with modern-day small business, preserve family-owned busi- business demands. nesses, and eliminate unnecessary and un- Some would argue that S corpora- warranted traps for taxpayers. tions are a relic of the past and that Unfortunately today, many of these com- panies are still burdened by obsolete rules, TITLE I—ELIGIBLE SHAREHOLDERS OF AN S newer, more flexible forms of doing which stunt expansion, inhibit venture cap- CORPORATION business, such as limited liability com- ital attraction, and otherwise impede these Section 101. Members of family treated as 1 panies, are the business entities of the businesses from meeting the demands of the shareholders future. Such a view is a great distor- challenging global economy. As the domestic The Act provides for an election to count tion of reality. S corporations are a economy faces increasing challenges, such family members that are not more than six large and growing part of our economy. restrictions are particularly troubling. For S generations removed from a common ances- They have served a vital function in corporations, which have been a key element tor as one shareholder for purposes of the our communities for the past 43 years in America’s economic growth, we can no number of shareholder limitation (currently longer afford to keep such antiquated re- 75 shareholders). The election requires the and will continue to do so. Our tax strictions in place. consent of a majority of all shareholders. laws should be overhauled to stream- Indeed, the need for any of these restric- The provision helps family-owned S corpora- line these rules and make them as tions is highly doubtful. Over the last dec- tions plan for the future without fear of ter- flexible and easy to work in as possible. ade, all States (with supporting rulings from mination of their S corporation elections.

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.031 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7961 Section 102. Nonresident aliens allowed to be tion measures). In addition, the Act removes incurred to acquire an interest in a pass shareholders gains from the sales or exchanges of stock or through entity. Further, Congress never in- The Act would permit nonresident aliens securities from the definition of passive in- tended to place ESBTs at a disadvantage rel- to be S corporation shareholders. To assure vestment income for purposes of the sting ative to other taxpayers. tax. collection of the appropriate amount of tax, Section 305. Disregard of unexercised powers of the Act requires the S corporation to with- Section 205. Stock basis adjustment for certain appointments in determining potential cur- hold and pay a tax on effectively connected charitable contributions rent beneficiaries of ESBT income allocable to its nonresident alien Current rules discourage charitable gifts of shareholders. The provision enhances an S appreciated property by S corporations. The The Act revises the definition of a ‘‘poten- corporation’s ability to expand into inter- Act would remedy this problem by providing tial current beneficiary’’ in the context of national markets and expands an S corpora- for an increase in the basis of shareholders’ the ESBT eligibility rules by providing that tion’s access to capital. stock in an amount equal to excess of the powers of appointment should only be evalu- Section 103. Expansion of bank S corporation el- value of the contributed property over the ated when the power is actually exercised. igible shareholders to include IRAs basis of the property contributed. This provi- Current law provides that postponed or non- exercisable powers will not interfere with The Act permits Individual Retirement Ac- sion conforms the S corporation rules to the making of an ESBT election. However, counts (IRAs) to hold stock in a bank that is those applicable to charitable contributions proposed regulations provide that, once such a S corporation. Additionally, the Act would by partnerships. powers become exercisable, the S election exempt the sale of bank S corporation stock TITLE III—TREATMENT OF S CORPORATION will automatically terminate if the power in an IRA from the prohibited transaction SHAREHOLDERS could potentially be exercised in favor of an rules. Currently, IRAs own community bank Section 301. Treatment of losses to shareholders ineligible individual—whether it was actu- stock, which results in a significant obstacle In the case of a liquidation of an S corpora- ally exercised in favor of the ineligible indi- to banks that want to make an S election. tion, current law can result in double tax- vidual or not. The application of this rule The provision allows an IRA to own bank S ation because of a mismatch of ordinary in- would prevent many family trusts from stock, and thus, avoids transactions to buy come (realized at the corporate level and qualifying as ESBTs. back stock, which drains the bank’s re- passed through to the shareholder) and a The Act expands the existing method to sources. capital loss (recognized at the shareholder cure a potential current beneficiary problem. Section 104. Increase in number of eligible share- level on the liquidating distribution). Al- Under the Act, an ESBT will have a period of holders to 150 though careful tax planning can avoid this up to one year (currently 60 days) to either result, many S corporations do not have the Currently a corporation is not eligible to dispose of all of its S stock or otherwise benefit of sophisticated tax advice. The Act be an S corporation if it has more than 75 cause the ineligible potential current bene- eliminates this potential trap by providing shareholders. The Act increases the number ficiary’s position in the trust to be elimi- that any portion of any loss recognized by an of permitted shareholders to 150. The provi- nated without causing the ESBT election or S corporation shareholder on amounts re- sion will enable S corporation to raise more the corporation’s S election to fail. capital and plan for the future without en- ceived by the shareholder in a distribution in dangering their S corporation status. complete liquidation of the S corporation Section 306. Clarification of electing small busi- TITLE II—QUALIFICATION AND ELIGIBILITY would be treated as an ordinary loss to the ness trust distribution rules REQUIREMENTS OF S CORPORATIONS extent of the shareholder’s ‘‘ordinary income basis’’ in the S corporation stock. The Act clarifies that, with regard to Section 201. Issuance of preferred stock per- ESBT distributions, separate share treat- Section 302. Transfer of suspended losses inci- mitted ment applies to the S and non-S portions dent to divorce The Act would permit S corporations to under section 641(c). issue qualified preferred stock (‘‘QPS’’). QPS The Act allows for the transfer of a pro Section 307. Allowance of charitable contribu- generally would be stock that (i) is not enti- rata portion of the suspended losses when S tions deduction for electing small business tled to vote, (ii) is limited and preferred as corporation stock is transferred, in whole or trusts to dividends and does not participate in cor- in part, incident to divorce. Under current IRS regulations, any suspended losses or de- porate growth to any significant extent, and The Act permits a deduction for charitable ductions are personal to the shareholder and (iii) has redemption and liquidation rights contributions made by an ESBT, while tax- cannot, in any manner, be transferred to an- which do not exceed the issue price of such ing the charity on its share of the S corpora- other person. Accordingly, if a shareholder stock (except for a reasonable redemption or tion’s income as unrelated business taxable transfers all of his or her stock in an S cor- liquidation premium). Stock would not fail income. Current law discourages charitable poration to his or her former spouse as a re- to be treated as QPS merely because it is contributions by S corporation shareholders sult of divorce, any suspended losses or de- convertible into other stock. This provision by preventing an ESBT from claiming a ductions with respect to such stock are per- increases access to capital from investors charitable contribution deduction. The Act manently disallowed. This result is inequi- who insist on having a preferential return encourages philanthropy by permitting a table and unduly harsh, and needlessly com- and facilitates family succession by permit- charitable deduction while at the same time plicates property settlement negotiations. ting the older generation of shareholders to effectively taxing the S corporation’s income relinquish control of the corporation but Section 303. Use of passive activity loss and at- in the hands of the recipient charity to the maintain an equity interest. risk amount by qualified subchapter S trust extent of the deduction. income beneficiaries Section 202. Safe harbor expanded to include Section 308. Shareholder basis not increased by convertible debt The Act clarifies that, if a QSST transfers its entire interest in S corporation stock to income derived from cancellation of S cor- The Act permits S corporations to issue an unrelated party in a fully taxable trans- poration’s debt debt that may be converted into stock of the action, the income beneficiary’s suspended corporation provided that the terms of the The Act provides that cancellation of in- losses from S corporation activity under the debt are substantially the same as the terms debtedness (COD) income excluded from the passive activity loss rules would be freed up that could have been obtained from an unre- gross income of an S corporation, i.e., due to for use by the income beneficiary. The Act lated party. The Act also expands the cur- the S corporation’s insolvency, does not in- further provides that the income bene- rent law safe-harbor debt provision to permit crease shareholder’s basis in S corporation ficiary’s at-risk amount with respect to S ac- nonresident alien individuals as creditors. stock. The Act changes the result reached in tivity would be increased by the amount of The provision facilitates the raising of in- the recent U.S. Supreme Court decision in gain recognized by the QSST on a disposition vestment capital. Gitlitz v. Comm’r (2000). of S stock. These provisions clarify a trou- Section 203. Repeal of excessive passive invest- blesome area under current law, and so, Section 309. Back-to-back loans as indebtedness. ment income as a termination event eliminate traps for the unwary taxpayer. The Act clarifies that a back-to-back loan The Act would repeal the rule that an S Section 304. Deductibility of interest expense in- (a loan made to an S corporation shareholder corporation would lose its S corporation sta- curred by an electing small business trust to who in turn loans those funds to his S cor- tus if it has excess passive income for three acquire S corporation stock poration) constitutes ‘‘indebtedness of the S consecutive years. A corporate-level ‘‘sting’’ The Act provides that interest expense in- corporation to the shareholder’’ so as to in- (or double) tax would still apply, as modified curred by an ESBT to acquire S corporation crease such shareholder’s basis in the S cor- in Section 204 below, to excess passive in- stock is deductible by the S portion of the poration. The provision would help many come. trust. Recently issued proposed regulations shareholders avoid inequitable pitfalls en- Section 204. Modifications to passive income would provide that interest expense incurred countered where a loan to an S corporation rules by an ESBT to acquire stock in an S cor- is not properly structured, even though the The Act would increase the threshold for poration is allocable to the S portion of the shareholder has clearly made an economic taxing excess passive income from 25 percent trust, but is not deductible. This result is outlay with respect to his investment in the to 60 percent (consistent with a Joint Tax contrary to the treatment of other tax- S corporation for which a basis increase is Committee recommendation on simplifica- payers, who are entitled to deduct interest appropriate.

VerDate 19-JUL-2001 06:55 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.134 pfrm04 PsN: S19PT1 S7962 CONGRESSIONAL RECORD — SENATE July 19, 2001 TITLE IV—EXPANSION OF S CORPORATION then selling an interest in the LLC (as op- count for seventy-five percent of the ELIGIBILITY FOR BANKS posed to stock in the QSub). The Act employment growth in the United Section 401. Exclusion of investment securities achieves this result without any unnecessary Sates and are the major creators of merger and thus removes a trap for the un- income from passive income test for bank S new jobs. Small businesses employ 52 corporations wary. Section 504. Exception to application of step percent of all private workers and pro- The Act clarifies that interest and divi- transaction doctrine for restructuring in vide 51 percent of the output in the pri- dends on investments maintained by a bank connection with making qualified sub- vate sector. They have been, in large for liquidity and safety and soundness pur- chapter S subsidiary elections part, the engine that fuels our econ- poses shall not be ‘‘passive’’ income. By treating all bank income as earned from the The Act provides that the step transaction omy. active and regular conduct of a banking busi- doctrine does not apply to the deemed liq- S Corporations make up a large num- ness, banks will no longer face the conun- uidation resulting from QSub elections. Ap- ber of the Nation’s small businesses. In drum of evaluating investment decisions plication of the step transaction doctrine, in fact, the Joint Committee on Taxation based on tax considerations rather than on the context of making a QSub election, in- estimates that over ninety-two percent more important safety and economic sound- troduces complexity and uncertainty in what of all S Corporations report less than ness issues. should be a simple matter. The doctrine re- quires knowledge of decades of jurisprudence $1 million in assets. They operate in Section 402. Treatment of qualifying director and administrative interpretations, and every sector of the economy, employ shares poses an unnecessary trap for the unwary. millions of Americans and hold over The Act clarifies that qualifying director TITLE VI—ADDITIONAL PROVISIONS $1.45 trillion in business assets. As shares of bank are not to be treated as a sec- Section 601. Elimination of all earnings and such, anything we can do the help S ond class of stock. Instead, the qualifying di- profits attributable to pre-1983 years Corporations will help the economy. rector shares are treated as a liability of the The Small Business Job Protection Act of The Subchapter S Modernization Act bank and no increase or loss from the S cor- 1996 eliminated certain pre-1983 earnings and poration will be allocated to these qualifying does this by encouraging S Corpora- profits of S corporations that had S corpora- director shares. The provision clarifies the tions to expand, allowing S Corpora- tion status for their first tax year beginning law and removes a significant obstacle tions to attract more capital, and re- after December 31, 1996. The provision should unique among banks contemplating a S cor- apply to all corporations  and S) with pre- moving tax traps for the unwary. poration election. 1983 S earnings and profits without regard to The legislation expands the list of el- Section 403. Bad debt charge offs in years after when they elect S status. There seems to be igible shareholders to non-resident election year treated as items of built-in loss no policy reason why the elimination was re- aliens and some Individual Retirement The Act permits bank S corporations to re- stricted to corporations with an S election in Accounts held by banks. The bill also capture up to 100 percent of their bad debt effect for their first taxable year beginning permits families to be treated as one reserves on their first S corporation tax re- after December 31, 1996. shareholder, which not only expands turn and/or their last C corporation income Section 602. No gain or loss on deferred inter- the size of S corporations, but also tax return prior to the effective date of the company transactions because of conversion helps keep family businesses together. S election. Banks that convert to S corpora- to S corporation or qualified S corporation In additional, the bill increases the tion status must change from the reserve subsidiary number of permitted shareholders to method of accounting to the specific charge The Act makes clear that any gain or in- off method. The resulting recapture income come from an intercompany transaction is 150 from the current law limit of 75. is treated as built-in gain subject to tax at not taxed at the time of the S corporation or All of these important provisions both the shareholder and the corporate level. QSub elections. also give S Corporations greater flexi- The Act allows banks to accelerate the re- Section 603. Treatment of charitable contribu- bility in attracting new sources of in- capture of bad debt reserve to their last C tion and foreign tax credit carryforwards vestment and capital. By permitting S corporation tax year. The corporate level tax The Act provides that charitable contribu- Corporations to issue preferred stock, would still be paid on the recapture income, tion carryforwards and other carryforwards the Subchapter S Modernization Act but the recapture would no longer trigger a arising from a taxable year for which the tax for the bank’s shareholders. increases access to capital from inves- corporation was a C corporation shall be al- tors, such as venture capitalists, who TITLE V—QUALIFIED SUBCHAPTER S lowed as a deduction against the net recog- insist on a preferential return. This SUBSIDIARIES nized built-in gain of the corporation for the provision also facilitates family owner- Section 501. Relief from inadvertently invalid taxable year. This provision is consistent qualified subchapter S subsidiary elections with the legislative history of the 1986 Act. ship by allowing older generations to and terminations Section 604. Distribution by an S corporation to relinquish control of the corporation to The Act provides statutory authority for an employee stock ownership plan later generations while maintaining an the Secretary to grant relief for invalid An ESOP will usually borrow from the equity interest in the company. QSub elections, and terminations of QSub sponsoring corporation to fund its acquisi- Lastly, the bill removes many com- status, if the Secretary determines that the tion of employer securities. In the case of a plex tax traps and clarifies the law re- circumstances resulting in such ineffective- C corporation, the tax code provides that an garding many provisions enacted in ness or termination were inadvertent. This ESOP will not be treated as engaging in a 1996. Per the Joint Committee on Tax- would allow the IRS to provide relief in ap- ‘‘prohibited transaction’’ if it uses any ‘‘divi- ation’s recommendation in its sim- propriate cases, just as it currently does in dend’’ on employer securities purchased with loan proceeds to make payments on the loan plification report, our bill repeals the the case of invalid or terminated S corpora- excessive passive investment income tion elections. regardless of whether such employer securi- ties have been pledged as collateral to secure rule as a termination event for S cor- Section 502. Information returns for qualified the loan. The policy facilitates the payment porations and increases the threshold subchapter S subsidiaries of ESOP loans and thereby promotes em- for taxing excess passive investment The Act would help clarify that a Qualified ployee ownership. Because S corporation dis- income from 25 percent to 60 percent. Subchapter S Subsidiary (QSSS) can provide tributions are technically not ‘‘dividends’’, information returns under their own tax ID Capital gains are excluded from the the Act provides that S corporation distribu- definition of passive income. The rules number to help avoid confusion by employ- tions are treated as dividends. This clarifica- ers, depositors, and other parties. tion is necessary to ensure that the policy of for taxing Electing Small Business Section 503. Treatment of the sale of interest in facilitating the payment of ESOP loans ap- Trusts and managing Qualified Sub- a qualified subchapter S subsidiary plies equally to S corporation and C corpora- chapter S Subsidiaries are simplified in The Act treats the disposition of QSub tion ESOPs. many ways, thus reducing the possi- stock as a sale of the undivided interest in Mr. BREAUX. Mr. President, I am bility that companies will inadvert- the QSub’s assets based on the underlying pleased to introduce with my col- ently terminate their S corporation percentage of stock transferred followed by a leagues, Senators HATCH, LINCOLN, and election. deemed contribution by the S corporation THOMPSON, the Subchapter S Mod- I urge my colleagues to support this and the acquiring party in a nontaxable ernization Act of 2001. This bill is very bill. transaction. Under current law, an S cor- important to the 2.6 million S Corpora- Mrs. LINCOLN. Mr. President, today poration may be required to recognize 100 my colleagues and I are introducing percent of the gain inherent in a QSub’s as- tions in this country and to the thou- sets if it sells as little as 21 percent of the sands of S Corporations in my own legislation which is critically impor- QSub’s stock. IRS regulations suggest this State of Louisiana. tant to millions of small and family- result can be avoided by merging the QSub The Small Business Administration owned businesses across this Nation. into a single member LLC prior to the sale, estimates that small businesses ac- The Subchapter S Modernization Act of

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.136 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7963 2001 is the culmination of months of the United States Forest Service was member of the Subcommittee on hard work by Senators HATCH, BREAUX drawing the maps of the newly des- Transportation and Infrastructure of and me. We have worked to bring new ignated Mount Nebo Wilderness, nine the Environment and Public Works ideas together with known and nec- areas were improperly included in the Committee. One of the reasons I am essary S corporation reforms into a wilderness boundaries that contained pleased to be on this subcommittee is comprehensive piece of legislation springs, pipelines, and other water the fact that it has oversight jurisdic- which will help improve capital forma- structures which provide water to the tion over the ARC. As a Senator who tion opportunities for small businesses, residents of Juab County. represents one of the thirteen States will help preserve family-owned busi- Water in the west is truly the life- within the ARC, my membership on nesses, and will eliminate unnecessary blood of the region. Without water, our this subcommittee gives me a great op- and unwarranted traps for well-inten- towns and cities, both large and small, portunity to focus on issues of direct tioned taxpayers. would dry up and blow away. Equally importance to this region of our Na- Small businesses are the backbone of important is the ability to maintain tion. commerce in my home State of Arkan- springs, pipelines, and other structures In 1965, Congress established the ARC sas. There are between sixteen and sev- that allow water to be put to beneficial to help bring the Appalachian region of enteen thousand small businesses use. The water that flows from the our Nation into the mainstream of the formed as S corporations in Arkansas Mount Nebo Wilderness provides irriga- American economy. This region in- and over 2.58 million nationwide. Ac- tion for Juab County farmers, is part of cludes 406 counties in 13 States, includ- cording to the Joint Committee on the Nephi City culinary water system, ing Ohio, and has a population of about Taxation, over ninety-two percent of and provides water directly to a num- 22 million people. these companies have assets totaling ber of residents who live in close prox- The ARC is composed of the gov- less than one million dollars and a ma- imity to the wilderness. It should be ernors of the 13 Appalachian states and jority are in the retail trade and serv- noted that the water rights for some of a Federal representative who is ap- ice sectors. These are truly your mom these springs were granted as early as pointed by the President. The Federal and pop stores and businesses, and I am 1855 and have been providing water representative serves as the Federal proud to be working on their behalf. ever since. These pipelines and water Co-Chairman with the governors elect- This bill represents not just the hard structures are old and need constant ing one of their number to serve as the work of the principal sponsors but also maintenance. Wilderness prohibitions States’ Co-Chairman. As a unique part- of several of my colleagues past and do not provide the flexibility needed by nership between the Federal Govern- present. I would like, in the short time the county to maintain its water ment and these 13 States, the ARC runs that I have, to acknowledge the past sources. programs in a wide range of activities, efforts of former Senators Pryor and This legislation would redraw the including highway construction, edu- Danforth, who represented small busi- boundaries of the wilderness area to cation and training, health care, hous- ness S corporations so well and who allow motorized access for the county ing, enterprise development, export helped develop many of the provisions and other affected users in order to promotion, telecommunications and we have included in the Subchapter S maintain existing water structures. Be- technology, and water and sewer infra- Modernization Act of 2001. I would also cause this boundary adjustment will structure. All of these activities help like to recognize Senator ALLARD, who result in the removal of lands from the achieve a goal of a viable and self-sus- has joined in sponsoring this legisla- Mount Nebo Wilderness, the county has taining regional economy. tion, and who has been a lead pro- identified existing USFS land adjacent ARC’s programs fall into two broad ponent of S corporation reforms which to the wilderness to serve as replace- categories. The first is a 3,025-mile cor- would allow small financial institu- ment acreage which will result in a net ridor highway system to break the re- tions to benefit from Subchapter S. gain of 14 acres of wilderness. I believe gional isolation created by moun- And, of course, I would like to thank this is legislation that benefits all par- tainous terrain, thereby linking the Senators THOMPSON, GRAMM, and THOM- ties. The Forest Service will have a Appalachian communities to national AS who have joined Senator HATCH, wilderness area with fewer access and international markets. Roughly 80 BREAUX, and me as original sponsors of issues and the counties will be able to percent of the Appalachian Develop- what I believe is very good legislation maintain their critical water sources. ment Highway System is either com- for hard working men and women I am offering a simple piece of legis- pleted or under construction. across this Nation. lation that will solve a longstanding The second is an area development problem for one of Utah’s counties. I program to create a basis for sustained By Mr. BENNETT: would greatly appreciate Senator local economic growth. Ranging from S. 1205. A bill to adjust the bound- BINGAMAN’s help in moving this bill water and sewer infrastructure to aries of the Mount Nebo Wilderness through his committee as soon as pos- worker training to business financing Area, and for other purposes; to the sible. and community leadership develop- Committee on Energy and Natural Re- ment, these projects provide Appa- sources. By Mr. VOINOVICH (for himself, lachian communities with the critical Mr. BENNETT. Mr. President, I rise Mr. INHOFE, Mr. FRIST, and Mr. building blocks for future growth and today to introduce the Mount Nebo MCCONNELL): development. The sweeping range of Wilderness Boundary Adjustment Act. S. 1206. A bill to reauthorize the Ap- options allows governors and local offi- This legislation is intended to correct palachian Regional Development Act cials to tailor the federal assistance to several small boundary issues that of 1965, and for other purposes; to the their individual needs. have frustrated Juab County and its Committee on Environment and Public The ARC currently ranks all of the residents’ attempts to maintain their Works. 406 counties in the Appalachian region, sources of water. Mr. VOINOVICH. Mr. President, I including the 29 counties in Ohio that Mount Nebo, located in Juab County, rise today, joined by my colleagues, are covered by the ARC, according to UT, is an 11,929 foot peak in the Senator BILL FRIST, Senator JAMES four categories: distressed, transi- Wasatch Mountains. The surrounding INHOFE, and Senator MITCH MCCON- tional, competitive, and attainment. area is home to bighorn sheep, spectac- NELL, to introduce the Appalachian Re- These categories determine the extent ular views of the Great Basin, primi- gional Development Act Amendments for potential ARC support for specific tive recreation, and the source of water of 2001. Once enacted, our bill will reau- projects. They also help ensure that for many who live and farm around the thorize the Appalachian Regional Com- support goes to the areas with the towns of Nephi and Mona, UT. Due to mission, ARC and create a specific ini- greatest need. Distressed countries are the wilderness characteristics of the tiative to help bridge the ‘‘digital di- the most ‘‘at-risk,’’ with unemploy- lands including and surrounding Mount vide’’ between Appalachia and the rest ment at least 150 percent of the na- Nebo, Congress designated the 28,000 of our nation. tional average, a poverty rate of at acre Mount Nebo Wilderness as part of One of the honors that I have as a least 150 percent of the national aver- the Utah Wilderness Act of 1984. While United States Senator is to serve as a age, and a per capita market income of

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.019 pfrm04 PsN: S19PT1 S7964 CONGRESSIONAL RECORD — SENATE July 19, 2001 no more than two-thirds of the na- commerce networks; and creating more tion, reducing unemployment rates, tional average. Generally, this means jobs and business opportunities though and narrowing the per capita income that a distressed county has an unem- access to telecommunications infra- gap between Appalachia and the rest of ployment rate of greater than 7.4 per- structure. the United States. cent, a poverty rate of at least 19.7 per- E-commerce is one of the largest fac- Despite its successes to date, the cent, and a per capita income of less tors driving our economy and any busi- ARC has not completed its mission in than $14,164. In fiscal year 2001, 114 ness that wants to successfully com- Appalachia. I know that there is a vast counties, or roughly one-fourth of the pete in today’s technological revolu- reserve of potential in Appalachia that counties in the ARC, have been classi- tion must have access to the Internet. is just waiting to be tapped, and I fied as distressed. Ten of these counties By establishing a specific initiative wholeheartedly agree with one of are in Ohio. under the ARC to help the people of ARC’s guiding principles that the most In order to undertake a wide variety Appalachia connect with today’s tech- valuable investment that can be made of projects to help improve the region’s nology, we are also helping Appa- in a region is in its people. economy, the ARC uses the Federal lachian communities achieve the same The ARC is the type of Federal ini- dollars it receives to leverage addi- quality of life that is available to the tiative that we should be encouraging. tional State and local funding. This rest of the Nation. I urge my colleagues to join me in co- successful partnership enables commu- The bill also would increase the per- sponsoring this legislation, and I urge nities in Ohio and throughout Appa- centage of ARC funds required to be its speedy consideration by the Senate. lachia to have programs which help spent on activities or projects that them to respond to a variety of grass- benefit distressed counties or area. I ask unanimous consent that the roots needs. In Ohio, ARC funds sup- Right now, the requirement is set at 30 text of the bill be printed in the port projects in five goal areas: skills percent, and under our bill, it would in- RECORD. and knowledge, physical infrastruc- crease to 50 percent. An analysis of fis- There being no objection, the bill was ture, community capacity, dynamic cal year 1999 and 2000 shows that the ordered to be printed in the RECORD, as local economies, and health care. In ARC already spends about half of its follows: rough figures, every ARC dollar Ohio project funding on grants to Appa- S. 1206 received in fiscal year 2000 leveraged lachia’s poorest counties, therefore Be it enacted by the Senate and House of Rep- approximately $2.60 in additional fed- this provision simply codifies current resentatives of the United States of America in eral, state and local funds. In fiscal practice. Congress assembled, year 2000, ARC provided approximately In addition, the bill would establish SECTION 1. SHORT TITLE. $4.7 million to fund non-highway the ARC as the lead Federal agency in projects in Ohio. coordinating the economic develop- This Act may be cited as the ‘‘Appalachian As my colleagues are aware, the cur- Regional Development Act Amendments of ment programs carried out by Federal 2001’’. rent authorization of the ARC will agencies in the region through the es- soon expire. In anticipation of the need tablishment of an Interagency Coordi- SEC. 2. PURPOSES. for reauthorization legislation, I have nating Council on Appalachia. The The purposes of this Act are— been working since last year on put- Council would be established by the (1) to reauthorize the Appalachian Re- ting together a bill that focuses on the gional Development Act of 1965 (40 U.S.C. President and its membership com- App.); and issues that the ARC needs to address in posed of representatives of the Federal (2) to ensure that the people and businesses the early part of the 21st century. One agencies that carry out economic de- of the Appalachian region have the knowl- of the more productive activities I did velopment programs in the region. edge, skills, and access to telecommuni- in preparation for reauthorization was The bill also would change the non- cation and technology services necessary to to conduct a Transportation and Infra- federal match requirement for adminis- compete in the knowledge-based economy of structure Subcommittee field hearing trative grants to the region’s Local De- the United States. on the ARC at the Opera House in velopment Districts from 50 percent to SEC. 3. FUNCTIONS OF THE COMMISSION. Nelsonville, OH, in August 2000. Fol- 25 percent for those Local Development Section 102(a) of the Appalachian Regional lowing the hearing, I had the oppor- Districts which include all or part of at Development Act of 1965 (40 U.S.C. App.) is tunity to tour the region to witness least one distressed county. Local De- amended— first-hand the beneficial impact of velopment Districts are multi-county (1) in paragraph (5), by inserting ‘‘, and ARC-funded projects in the commu- economic development planning agen- support,’’ after ‘‘formation of’’; nity. cies that work with local governments, (2) in paragraph (7), by striking ‘‘and’’ at My objectives for both the field hear- the end; non-profit organizations, and the pri- (3) in paragraph (8), by striking the period ing and the tour were to obtain an vate sector to determine local eco- at the end and inserting ‘‘; and’’; and overview of the importance of ARC pro- nomic development needs and provide (4) by adding at the end the following: grams to Appalachia, to closely exam- professional guidance for local eco- ‘‘(9) seek to coordinate the economic devel- ine the progress that has been made nomic development strategies. There opment activities of, and the use of eco- with respect to the implementation of are 71 Local Development Districts nomic development resources by, Federal these programs, and to identify the working with ARC in Appalachia. agencies in the region.’’. challenges that still must be overcome Additionally, the bill would author- SEC. 4. INTERAGENCY COORDINATING COUNCIL for the region to fully participate in ize annual appropriations for the ARC ON APPALACHIA. our Nation’s economy. Along with the for five years, beginning with $83 mil- Section 104 of the Appalachian Regional poignant visual impact of my tour, the lion in fiscal year 2002 and increasing Development Act of 1965 (40 U.S.C. App.) is testimony I received from the impres- by $3 million in each of fiscal years 2003 amended— sive array of witnesses at this hearing through 2006. Of the authorized (1) by striking ‘‘The President’’ and insert- ing ‘‘(a) IN GENERAL.—The President’’; and provided valuable input that has been amount, $10 million would be ear- (2) by adding at the end the following: very helpful in drafting this legisla- marked each fiscal year for the Tele- ‘‘(b) INTERAGENCY COORDINATING COUNCIL tion. communications and Technology Ini- ON APPALACHIA.— Our legislation, the Appalachian Re- tiative. ‘‘(1) ESTABLISHMENT.—In carrying out sub- gional Development Act Amendments For more than 35 years, the ARC has section (a), the President shall establish an of 2001, would allow the ARC to con- had a dramatic impact on the lives of interagency council to be known as the tinue its important work for the people the men and women who live in the Ap- ‘Interagency Coordinating Council on Appa- of Appalachia. One of the most innova- palachian region of our Nation, helping lachia’. tive aspects of our bill would establish to cut the region’s poverty rate in half, ‘‘(2) MEMBERSHIP.—The Council shall be a Telecommunications and Technology lowering the infant mortality rate by composed of— ‘‘(A) the Federal Cochairman, who shall Initiative that would focus on pro- two-thirds, doubling the percentage of serve as Chairperson of the Council; and viding training in new technologies; as- high school graduates to where it is ‘‘(B) representatives of Federal agencies sisting local governments, businesses, now slightly above the national aver- that carry out economic development pro- schools, and hospitals in developing e- age, slowing the region’s out-migra- grams in the region.’’.

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.105 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7965 SEC. 5. TELECOMMUNICATIONS AND TECH- ‘‘SEC. 401. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) the construction or equipment of fa- NOLOGY INITIATIVE. ‘‘(a) IN GENERAL.—In addition to amounts cilities; or Title II of the Appalachian Regional Devel- authorized by section 201 and other amounts ‘‘(C) any other community or economic de- opment Act of 1965 (40 U.S.C. App.) is amend- made available for the Appalachian develop- velopment or economic adjustment activity. ed by inserting after section 202 the fol- ment highway system program, there are au- ‘‘(2) INCLUSIONS.—In this section, the term lowing: thorized to be appropriated to the Commis- ‘Federal grant program’ includes a Federal ‘‘SEC. 203. TELECOMMUNICATIONS AND TECH- sion to carry out this Act— grant program such as a Federal grant pro- NOLOGY INITIATIVE. ‘‘(1) $83,000,000 for fiscal year 2002; gram authorized by— ‘‘(a) IN GENERAL.—The Commission may ‘‘(2) $86,000,000 for fiscal year 2003; ‘‘(A) the Consolidated Farm and Rural De- provide technical assistance, make grants, ‘‘(3) $89,000,000 for fiscal year 2004; velopment Act (7 U.S.C. 1921 et seq.); enter into contracts, or otherwise provide ‘‘(4) $92,000,000 for fiscal year 2005; and ‘‘(B) the Land and Water Conservation funds to persons or entities in the region for ‘‘(5) $95,000,000 for fiscal year 2006. Fund Act of 1965 (16 U.S.C. 460l–4 et seq.); projects— ‘‘(b) TELECOMMUNICATIONS AND TECHNOLOGY ‘‘(C) the Watershed Protection and Flood ‘‘(1) to increase affordable access to ad- INITIATIVE.—Of the amounts made available Prevention Act (16 U.S.C. 1001 et seq.); vanced telecommunications, entrepreneur- under subsection (a), $10,000,000 for each fis- ‘‘(D) the Carl D. Perkins Vocational and ship, and management technologies or appli- cal year shall be made available to carry out Technical Education Act of 1998 (20 U.S.C. cations in the region; section 203. 2301 et seq.); ‘‘(2) to provide education and training in ‘‘(c) AVAILABILITY.—Sums made available ‘‘(E) the Federal Water Pollution Control the use of telecommunications and tech- under subsection (a) shall remain available Act (33 U.S.C. 1251 et seq.); nology; until expended.’’. ‘‘(F) title VI of the Public Health Service ‘‘(3) to develop programs to increase the SEC. 9. TERMINATION. Act (42 U.S.C. 291 et seq.); readiness of industry groups and businesses Section 405 of the Appalachian Regional ‘‘(G) sections 201 and 209 of the Public in the region to engage in electronic com- Development Act of 1965 (40 U.S.C. App.) is Works and Economic Development Act of merce; or amended by striking ‘‘2001’’ and inserting 1965 (42 U.S.C. 3141, 3149); ‘‘(4) to support entrepreneurial opportuni- ‘‘2006’’. ‘‘(H) title I of the Housing and Community ties for businesses in the information tech- SEC. 10. TECHNICAL AND CONFORMING AMEND- Development Act of 1974 (42 U.S.C. 5301 et nology sector. MENTS. seq.); or ‘‘(b) SOURCE OF FUNDING.— (a) Section 101(b) of the Appalachian Re- ‘‘(I) part IV of title III of the Communica- ‘‘(1) IN GENERAL.—Assistance under this gional Development Act of 1965 (40 U.S.C. tions Act of 1934 (47 U.S.C. 390 et seq.). section may be provided— App.) is amended in the third sentence by ‘‘(3) EXCLUSIONS.—In this section, the term ‘‘(A) exclusively from amounts made avail- striking ‘‘implementing investment pro- ‘Federal grant program’ does not include— able to carry out this section; or gram’’ and inserting ‘‘strategy statement’’. ‘‘(A) the program for construction of the ‘‘(B) from amounts made available to carry (b) Section 106(7) of the Appalachian Re- Appalachian development highway system out this section in combination with gional Development Act of 1965 (40 U.S.C. authorized by section 201; amounts made available under any other App.) is amended by striking ‘‘expiring no ‘‘(B) any program relating to highway or Federal program or from any other source. later than September 30, 2001’’. road construction authorized by title 23, ‘‘(2) FEDERAL SHARE REQUIREMENTS SPECI- (c) Sections 202, 214, and 302(a)(1)(C) of the United States Code; or FIED IN OTHER LAWS.—Notwithstanding any Appalachian Regional Development Act of ‘‘(C) any other program under this Act or provision of law limiting the Federal share 1965 (40 U.S.C. App.) are amended by striking any other Act to the extent that a form of fi- under any other Federal program, amounts ‘‘grant-in-aid programs’’ each place it ap- nancial assistance other than a grant is au- made available to carry out this section may pears and inserting ‘‘grant programs’’. thorized.’’; and (d) Section 202(a) of the Appalachian Re- be used to increase that Federal share, as the (4) by striking subsection (d). Commission determines to be appropriate. gional Development Act of 1965 (40 U.S.C. (g) Section 224(a)(2) of the Appalachian Re- App.) is amended in the second sentence by ‘‘(c) COST SHARING FOR GRANTS.—Not more gional Development Act of 1965 (40 U.S.C. than 50 percent (or 80 percent in the case of striking ‘‘title VI of the Public Health Serv- App.) is amended by striking ‘‘relative per a project to be carried out in a county for ice Act (42 U.S.C. 291–291o), the Mental Re- capita income’’ and inserting ‘‘per capita which a distressed county designation is in tardation Facilities and Community Mental market income’’. effect under section 226) of the costs of any Health Centers Construction Act of 1963 (77 (h) Section 225 of the Appalachian Regional activity eligible for a grant under this sec- Stat. 282),’’ and inserting ‘‘title VI of the Development Act of 1965 (40 U.S.C. App.)— tion may be provided from funds appro- Public Health Service Act (42 U.S.C. 291 et (1) in subsection (a)(3), by striking ‘‘devel- priated to carry out this section.’’. seq.), the Developmental Disabilities Assist- opment program’’ and inserting ‘‘develop- ance and Bill of Rights Act of 2000 (42 U.S.C. SEC. 6. PROGRAM DEVELOPMENT CRITERIA. ment strategies’’; and 15001 et seq.),’’. (2) in subsection (c)(2), by striking ‘‘devel- (a) ELIMINATION OF GROWTH CENTER CRI- (e) Section 207(a) of the Appalachian Re- TERIA.—Section 224(a)(1) of the Appalachian opment programs’’ and inserting ‘‘develop- gional Development Act of 1965 (40 U.S.C. ment strategies’’. Regional Development Act of 1965 (40 U.S.C. App.) is amended by striking ‘‘section 221 of App.) is amended by striking ‘‘in an area de- (i) Section 303 of the Appalachian Regional the National Housing Act, section 8 of the Development Act of 1965 (40 U.S.C. App.) is termined by the State have a significant po- United States Housing Act of 1937, section amended— tential for growth or’’. 515 of the Housing Act of 1949,’’ and inserting (1) in the section heading, by striking ‘‘IN- (b) ASSISTANCE TO DISTRESSED COUNTIES ‘‘section 221 of the National Housing Act (12 VESTMENT PROGRAMS’’ and inserting ‘‘STRAT- AND AREAS.—Section 224 of the Appalachian U.S.C. 1715l), section 8 of the United States EGY STATEMENTS’’; Regional Development Act of 1965 (40 U.S.C. Housing Act of 1937 (42 U.S.C. 1437f), section (2) in the first sentence, by striking ‘‘im- App.) is amended by adding at the end the 515 of the Housing Act of 1949 (42 U.S.C. plementing investments programs’’ and in- following: 1485),’’. serting ‘‘strategy statements’’; and ‘‘(d) ASSISTANCE TO DISTRESSED COUNTIES (f) Section 214 of the Appalachian Regional (3) by striking ‘‘implementing investment AND AREAS.—For each fiscal year, not less Development Act of 1965 (40 U.S.C. App.) is program’’ each place it appears and inserting than 50 percent of the amount of grant ex- amended— penditures approved by the Commission shall ‘‘strategy statement’’. (1) in the section heading, by striking (j) Section 403 of the Appalachian Regional support activities or projects that benefit se- ‘‘GRANT-IN-AID’’ and inserting ‘‘GRANT’’; Development Act of 1965 (40 U.S.C. App.) is verely and persistently distressed counties (2) in subsection (a)— amended— and areas.’’. (A) by striking ‘‘grant-in-aid Act’’ each (1) in the next-to-last undesignated para- SEC. 7. GRANTS FOR ADMINISTRATIVE EXPENSES place it appears and inserting ‘‘Act’’; graph, by striking ‘‘Committee on Public OF LOCAL DEVELOPMENT DIS- (B) in the first sentence, by striking Works and Transportation’’ and inserting TRICTS. ‘‘grant-in-aid Acts’’ and inserting ‘‘Acts’’; ‘‘Committee on Transportation and Infra- Section 302(a)(1)(A)(i) of the Appalachian (C) by striking ‘‘grant-in-aid program’’ structure’’; and Regional Development Act of 1965 (40 U.S.C. each place it appears and inserting ‘‘grant (2) by striking the last undesignated para- App.) is amended by inserting ‘‘(or, at the program’’; and graph. discretion of the Commission, 75 percent of (D) by striking the third sentence; such expenses in the case of a local develop- (3) by striking subsection (c) and inserting By Mr. DOMENICI: ment district that has a charter or authority the following: S. 1207. A bill to direct the Secretary that includes the economic development of a ‘‘(c) DEFINITION OF FEDERAL GRANT PRO- county or part of a county for which a dis- of Veterans Affairs to establish a na- GRAM.— tional cemetery for veterans in the Al- tressed county designation is in effect under ‘‘(1) IN GENERAL.—In this section, the term section 226)’’ after ‘‘such expenses’’. ‘Federal grant program’ means any Federal buquerque, New Mexico, metropolitan SEC. 8. AUTHORIZATION OF APPROPRIATIONS. grant program authorized by this Act or any area; to the Committee on Veterans’ Section 401 of the Appalachian Regional other Act that provides assistance for— Affairs. Development Act of 1965 (40 U.S.C. App.) is ‘‘(A) the acquisition or development of Mr. DOMENICI. Mr. President, it is amended to read as follows: land; with great pleasure and honor that I

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.083 pfrm04 PsN: S19PT1 S7966 CONGRESSIONAL RECORD — SENATE July 19, 2001 rise today to introduce a bill to create with chapter 24 of title 38, United States plague, but so have the States of many a National Veterans Cemetery in Albu- Code, a national cemetery in the Albu- of my colleagues here. Ecstasy is cus- querque, NM. querque, New Mexico, metropolitan area to tomarily sold and consumed at The men and women who have served serve the needs of veterans and their fami- lies. ‘‘raves,’’ which are semi-clandestine, in the United States Armed Forces (b) REPORT.—As soon as practicable after all-night parties and concerts. Numer- have made immeasurable sacrifices to the date of the enactment of this Act, the ous data also reflect the increasing this great Nation. Veterans have se- Secretary shall submit to Congress a report availability of ecstasy in metropolitan cured liberty for citizens of the United that sets forth a schedule for the establish- centers and suburban communities. In States since time and immemorial. ment of the national cemetery under sub- the most recent release of Pulse Check: Their sacrifices and those of their fam- section (a) and an estimate of the costs asso- Trends in Drug Abuse Mid-year 2000, ciated with the establishment of the na- ilies must not be forgotten. tional cemetery. which featured MDMA and club drugs, These veterans deserve to be buried it was reported that the sale and use of in a National Cemetery with their fel- By Mr. GRAHAM (for himself, club drugs have expanded from raves low comrades. However, the Santa Fe Mr. GRASSLEY, Mr. LIEBERMAN, and nightclubs to high schools, streets, National Cemetery, which serves the Mr. DURBIN, Ms. LANDRIEU, Mrs. neighborhoods and other open venues. Northern two thirds of New Mexico, is CLINTON, and Mr. SCHUMER): Not only has the use of Ecstasy ex- rapidly approaching maximum capac- S. 1208. A bill to combat the traf- ploded, more than doubling among 12th ity. ficking, distribution, and abuse of Ec- graders in the last two years, but it has Some years ago, the Senate passed stasy (and other club drugs) in the also spread well beyond its origin as a my legislation to extend the useful life United States; to the Committee on party drug for affluent white suburban of the Santa Fe National Cemetery by the Judiciary. teenagers to virtually every ethnic and authorizing the use of flat grave mark- Mr. GRAHAM. Mr. President, I rise class group, and from big cities like ers. However, that legislation was a today, along with my colleagues, Sen- New York and Los Angeles to rural temporary measure, rather than a solu- ators GRASSLEY, LIEBERMAN, DURBIN, Vermont and South Dakota. tion since the Cemetery will lack suffi- LANDRIEU, and CLINTON, to introduce And now, this year, law enforcement cient plot space by 2008. The solution the Ecstasy Prevention Act of 2001; leg- officials say they are seeing another that I am seeking is to designate a new islation to combat the recent rise in worrisome development, increasingly National Cemetery in Albuquerque, trafficking, distribution and violence violent turf wars among Ecstasy deal- NM. associated with MDMA, a club drug ers, and some of those dealers are our I believe all New Mexicans are proud commonly known as Ecstasy. Ecstasy young people. Homicides linked to Ec- of the Santa Fe National Cemetery. has become the ‘‘feel good’’ drug of stasy dealing have occurred in recent Since its humble beginnings, it has choice among many of our young peo- months in Norfolk, VA; Elgin, IL, near grown from 39/100 of an acre to its cur- ple, and drug pushers are marketing it Chicago; and in Valley Stream, NY. Po- rent 77 acres. as a ‘‘friendly’’ drug to mostly teen- lice suspect Ecstasy in other murders The cemetery first opened in 1868 and agers and young adults. in the suburbs, of Washington, DC, and was designated a National Cemetery in Last year I sponsored and Congress Los Angeles, and violence is being April of 1875. Service men and women passed legislation which drew atten- linked to Israeli drug dealers in Los from all of our Nation’s wars hold an tion to the dangers of Ecstasy and Angeles and to organized crime in New honored spot within its hallowed strengthened the penalties attached to York City. Ecstasy is also becoming ground. trafficking in Ecstasy and other ‘‘club widely available on the Internet. Last With that proud history in mind, we drugs.’’ Since then, Ecstasy use and year, a man arrested in Orlando, FL, must find another suitable site to serve trafficking continue to grow at epi- had been selling Ecstasy to customers as the last resting place for New Mexi- demic proportions, and there are many in New York. co’s veterans. accounts of deaths and permanent The lucrative nature of Ecstasy en- I would like to thank Congress- damage to the health of those who use courages its importation. Production woman HEATHER WILSON for bringing Ecstasy. The U.S. Customs Service costs are as low as two to twenty-five this important issue to my attention, continues to report large increases in cents per dose while retail prices in the and for introducing companion legisla- Ecstasy seizures, over 9 million pills U.S. range from twenty dollars to $45 tion earlier this year. were seized by Customs last year, a per dose. Manufactured mostly in Eu- The need to begin planning soon can- dramatic rise from the 400,000 seized in rope, in nations such as the Nether- not be overstated. Half of New Mexico’s 1997. According to the United States lands, Belgium, and Spain where pill 180,000 veterans live in the Albu- Customs Service, in Fiscal Year 2001, presses are not controlled as they are querque/Santa Fe area. Interment rates two individual seizures affected by Cus- in the U.S., ecstasy has erased all of continue to rise with the passing of our toms Inspectors in Miami, FL totaled the old routes law enforcement has older veterans and will peak in 2008. approximately 422,000 ecstasy tablets. mapped out for the smuggling of tradi- Therefore, I am introducing legisla- These two seizures alone exceeded the tional drugs. And now the trade is tion today to create a National Vet- entire amount of ecstasy seized by the being promoted by organized criminal erans Cemetery in Albuquerque, NM. Customs Service in all of Fiscal Year elements, both from abroad and here. The bill simply directs the Secretary 1997. The Deputy Director of Office of Although Israeli and Russian groups of Veterans Affairs to establish a Na- National Drug Control Policy, ONDCP, dominate MDMA smuggling, the in- tional Cemetery in the Albuquerque Dr. Donald Vereen, Jr., M.D., M.P.H., volvement of domestic groups appears metropolitan area and to submit a re- recently said that ‘‘Ecstasy is one of to be increasing. Criminal groups based port to Congress setting forth a sched- the most problematic drugs that has in Chicago, Phoenix, Texas, and Flor- ule for establishing the Cemetery. emerged in recent years.’’ The National ida have reportedly secured their own In conclusion I would ask unanimous Drug Intelligence Center, in its most sources of supply in Europe. consent that the text of the bill be recent publication ‘‘Threat Assessment Young Americans are being lulled printed in the RECORD. 2001,’’ has noted that ‘‘no drug in the into a belief that ecstasy, and other de- There being no objection, the bill was Other Dangerous Drugs Category rep- signer drugs are ‘‘safe’’ ways to get ordered to be printed in the RECORD, as resents a more immediate threat than high, escape reality, and enhance inti- follows: MDMA’’ or Ecstasy. macy in personal relationships. The The Office of National Drug Control S. 1207 drug traffickers make their living off Policy’s Year 2000 Annual Report on of perpetuating and exploiting this Be it enacted by the Senate and House of Rep- the National Drug Control Strategy resentatives of the United States of America in myth. Congress assembled, clearly states that the use of Ecstasy is I want to be perfectly clear in stating on the rise in the United States, par- that ecstasy is an extremely dangerous SECTION 1. ESTABLISHMENT OF NATIONAL CEM- ETERY. ticularly among teenagers and young drug. In my State alone, between July (a) IN GENERAL.—The Secretary of Vet- professionals. My State of Florida has and December of last year, there were erans Affairs shall establish, in accordance been particularly hard hit by this 25 deaths in which MDMA or a variant

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.033 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7967 were listed as a cause of death, and to provide community-based economic ernment believes that an open trading there were another 25 deaths where development assistance for trade-af- system provides long-term advantages MDMA was present in the toxicology, fected communities, and for other pur- for the United States and its people, although not actually listed as the poses; to the Committee on Finance. but the short-terms costs must be ad- cause of death. This drug is a definite Mr. BINGAMAN. Mr. President, I rise dressed if the policy is to continue and killer. today to introduce the Trade Adjust- the United States is to remain com- The ‘‘Ecstasy Prevention Act of 2001’’ ment Assistance for Workers, Farmers, petitive. It suggests that there is a col- renews and enhances our commitment Communities, and Firms Act of 2001, lective interest that must be pursued toward fighting the proliferation and and would like to add Senators BAU- by the United States in the inter- trafficking of Ecstasy and other club CUS, DASCHLE, CONRAD, ROCKEFELLER, national trading system, but that our drugs. It builds on last year’s Ecstasy KERRY, TORRICELLI, JEFFORDS, LIN- individual and community interests Anti-Proliferation Act of 2000 and pro- COLN, BREAUX, BAYH, DAYTON, and must be simultaneously protected for vides legislation to assist the Federal LIEBERMAN as original co-sponsors. the greater good of our country. and local organizations that are fight- This legislation represents the cul- This commitment to American work- ing to stop this potentially life-threat- mination of almost two years of effort, ers has continued over the years— ening drug. This legislation will allot including discussions with individuals through both Democratic and Repub- funding for programs that will educate who process or receive trade adjust- lican administrations and Congresses— law enforcement officials and young ment assistance, conversations with and I am convinced the Trade Adjust- people and will assist community- labor and trade policy experts, con- ment Assistance program should be based anti-drug efforts. To that end, sultations with the Department of both solidified and expanded at this this bill amends Section 506B(c) of title Labor, requests for studies from the time. I say this for two reasons. V of the Public Health Service Act, by General Accounting Office, and dia- First, as I have stated above, because adding that priority of funding should logue between my colleagues in the from where I stand American workers be given to communities that have Senate. The legislation is extremely and communities deserve some tan- taken measures to combat club drug important, as it directly addresses the gible help from the competitive pres- trafficking and use, to include passing question of how Congress will assist sures of the international trading sys- ordinances and increasing law enforce- those workers and communities nega- tem. We cannot stand by and pretend ment on Ecstasy. tively impacted by international trade. that there is not a need to assist work- The bill also provides money for the It is also long overdue, as Congress— ers and communities adjust to the dra- National Institute on Drug Abuse to the Senate in particular—has discussed matic changes that are now occurring conduct research and evaluate the ef- reform of the trade adjustment assist- as a result of globalization. Trade ad- fects that MDMA or Ecstasy has on an ance programs for a number of years. justment assistance will help do this. individual’s health. And, because there The last revision of the trade adjust- Second, as a practical matter, pas- is a fear that the lack of current drug ment assistance programs occurred sage of stronger trade adjustment as- tests ability to screen for Ecstasy may when NAFTA was passed, and we only sistance legislation will allow us to in- encourage Ecstasy use over other added to the programs at that time, we tensively pursue international trade drugs, the bill directs ONDCP to com- did not make them compatible in any negotiations and focus on important mission a test for Ecstasy that meets tangible way. I believe it is time to act, issues like liberalization, trans- the standards of and can be used in the and I think we have a unique oppor- parency, access, inequality, and pov- Federal Workplace. tunity to act in that there is interest erty in the international economy. If Through this campaign, our hope is both in Congress and the Administra- we support programs like Trade Ad- that Ecstasy will soon go the way of tion to improve the trade adjustment justment Assistance—programs that crack, which saw a dramatic reduction assistance programs in a fundamental empower American workers, that raise in the quantities present on our streets and a beneficial way. living standards, and that advance the after information of its unpredictable Let me give some background on prospects of everyone in our country— impurities and side effects were made trade adjustment assistance, and why I then we open the possibility for more known to a wide audience. By using feel it is so important to address at comprehensive and beneficial inter- this educational effort we hope to this time. national trade agreements. We must avoid future deaths and ruined lives. In 1962, when the Trade Expansion understand that globalization is inevi- The Ecstasy Prevention Act of 2000 Act was being considered in Congress, table, and over time will only move at can only help in our fight against drug the Kennedy Administration estab- an even more rapid pace. The question abuse in the United States. Customs is lished a basic rule concerning inter- for us in this chamber is not whether working hard to stem the flow of Ec- national trade as it applies to Amer- we can stop it—we cannot—but how we stasy into our country. As legislators ican workers. When someone loses can manage it to benefit the national we have a responsibility to stop the their job as a result of trade agree- interest of the United States. Trade ad- proliferation of this potentially life ments entered into by the U.S. govern- justment assistance programs for threatening drug. The Ecstasy Preven- ment, we have an obligation to assist workers and communities will help do tion Act of 2001 will assist the Federal these Americans in finding new em- this. and local agencies charged to fight ployment. It is a very straightforward There is no denying that drug abuse by raising the public profile proposition really. If you lose your job globalization is a double-edged sword. on the substance-abuse challenge posed because of U.S. trade policy, the Fed- But while there are obvious benefits by the increasing availability and use eral Government should help you in that come from a more open and inter- of Ecstasy and by focusing on the seri- your effort to get a job in a competi- dependent trading system, we cannot ous danger it presents to our youth. tive industry at a wage equivalent to ignore the problems that come as a re- We urge our colleagues in the Senate what you are making now. While I be- sult. In my State of New Mexico we to join us in this important effort by lieve the United States should be com- have seen a number of plant closings co-sponsoring this bill. mitted to expanding the international and lay-offs, including some in my own trading system, I also believe we home town of Silver City. These people By Mr. BINGAMAN (for himself, should help our workers get back on cannot simply go across the street and Mr. BAUCUS, Mr. DASCHLE, Mr. their feet when they are harmed by look for new work. They are people CONRAD, Mr. ROCKEFELLER, Mr. trade agreements. who have been dedicated to their com- BREAUX, Mr. KERRY, Mr. I find this proposition to be reason- panies and have played by the rules TORRICELLI, Mrs. LINCOLN, Mr. able, appropriate, and fair. It suggests over the years. When I talk to these JEFFORDS, Mr. BAYH, Mr. DAY- that the U.S. government supports an people, they ask me: Where am I sup- TON, and Mr. LIEBERMAN): open, multilateral trading system, but posed to work now? Where do I find a S. 1209. A bill to amend the Trade Act recognizes that it is responsible for the job with a salary that allows me to of 1974 to consolidate and improve the negative impacts this policy has on its support a family, own a house, put food trade adjustment assistance programs, citizens. It suggests that the U.S. gov- on the table, and live a decent life?

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.094 pfrm04 PsN: S19PT1 S7968 CONGRESSIONAL RECORD — SENATE July 19, 2001 Where are the benefits of free trade for funding to those communities that secondary workers and all workers af- me now that my company has gone need it the most. In doing so, we have fected by shifts in production; in- overseas? emphasized the responsibility of re- creases TAA benefits so allowances and These are hard questions, especially gional and local agencies and organiza- training are both available for a 78 given their current situation. But my tions to create a community-based re- week period; provides relocation and answer is that they deserve an oppor- covery plan and activate a response de- job search allowances to TAA recipi- tunity to get income support and re- signed to alleviate economic problems ents; provides support services for indi- training to rebuild their lives. They de- in their region, and to establish stake- viduals, including child-care and de- serve a program that creates skills holder partnerships in the community pendent-care; increases the time frame that are needed, that moves them into that enhance competitiveness through available for breaks in training to 30 new jobs faster, that provides opportu- workforce development, specific busi- days; allows individuals who return to nities for the future, that keeps fami- ness needs, education reform, and eco- work to receive training funds for up to lies and communities intact. They de- nomic development. 26 weeks; entitles individual certified serve the recognition that they are im- Third, we wanted to encourage great- under trade adjustment assistance pro- portant, and that through training er cooperation between Federal, re- gram to training, and caps total train- they can continue to contribute to the gional, and local agencies that deal ing program funding at $300m per year; economic welfare of the United States. with individuals receiving trade adjust- establishes sliding scale wage insur- Trade adjustment assistance offers ment assistance. At present, individ- ance program at the Department of the potential for this outcome. Over uals that are receiving trade adjust- Labor; requires detailed data on pro- the years it has consistently helped ment assistance obtain counseling gram performance by States and De- workers across the United States deal from one-stop shops in their region, partment of Labor, plus regular De- with the transition that is an inevi- but typically this is limited to infor- partment of Labor report on efficacy of table part of a changing international mation related to allowances and program to Congress; establishes inter- economic system. It helps people that training. Not available is the other in- agency group to coordinate Federal as- can work and want to work to train for formation concerning funds available sistance to individuals and commu- productive jobs that contribute to the through other Federal departments and nities; allows individual eligible for economic strength of their commu- agencies, such as health care for indi- trade adjustment assistance program a nities and our country. Although TAA viduals and their families. To prevent tax credit of 50% on amount paid for has not been without its flaws, it re- the creation of duplicative programs continuation of health care coverage mains the only program we have that and to use the funds that are currently premiums; requires the General Ac- allows workers and companies to ad- available, we have asked that an inter- counting Office to conduct a study of just and remain competitive. Without agency working group on trade adjust- all assistance available from Federal it, in my opinion, we are saying un- ment assistance be created and that a Government for workers facing job loss equivocally that we don’t care what inter-agency database on Federal, and economic distress; requires States happens to you, that we bear no re- State, and local resources available to to conduct a study of all assistance sponsibility for the position that you TAA recipients be established. available from Federal Government for are in, that you are on your own. We Fourth, we wanted to establish ac- workers facing job loss and economic can’t do that. We have made a promise countability in the trade adjustment distress; provides States with grants to workers in every administration, assistance program. In the past, data not to exceed $50,000 to conduct such both Democrat and Republican, and we concerning trade adjustment assist- study; requires General Accounting Of- should continue to do so. ance has been collected, but not in a fice and States to submit reports to As we wrote this legislation, we kept uniform fashion across all States and Senate Finance Committee and House a number of fundamental objectives in regions. The Department of Labor and Ways and Means Committee within one mind: the General Accounting Office have year of enactment of this Act; estab- First, we wanted to combine existing done their best to obtain data that lishes that the Senate Finance Com- trade adjustment assistance programs allow us to evaluate programs and mittee and the House Ways and Means and harmonize their various require- measure outcomes, and we have used Committee can by resolution direct the ments so they would provide more ef- this data in writing this bill. In the fu- Secretary to initiate a certification fective and efficient results for individ- ture, however, we need to ensure that process covering any group of workers. uals and communities. In doing so, we Congress has the information needed wanted to provide allowances, training, that will allow us to make targeted re- For communities, the legislation: es- job search, relocation, and support forms. tablishes Office of Community Eco- service assistance to secondary work- Finally, we wanted to help family nomic Adjustment (OCEA) at Com- ers and workers affected by shifts in farmers. At present, trade adjustment merce; establishes inter-agency group production. We also ensured that the assistance is available for employees of to coordinate Federal assistance to State-based delivery system created agricultural firms, the reason being communities; establishes community through the Workforce Investment Act that firms have individuals that can economic adjustment advisors to pro- remained intact but tightened the pro- become unemployed. Family farmers, vide technical assistance to commu- gram so response times to lay-offs and however, are not in this position. For nities and act as liaison between com- trade adjustment assistance applica- them, there is no way to become unem- munity and Federal government con- tions would quicker. ployed, and therefore, no way for them cerning strategic planning and funding; Second, we wanted to recognize the to become eligible for trade adjustment provides funding for strategic planning; direct correlation between job disloca- assistance. provides funding for community eco- tion, job training, and economic devel- This legislation improves upon the nomic adjustment efforts; responds to opment, especially in communities current system in a number of ways. As the criticism contained in several re- that have been hit hard by unemploy- I mentioned above, for the first time ports and creates a series of perform- ment. In the past, trade adjustment as- Congress will establish a two-tier sys- ance benchmarks and reporting re- sistance focused specifically on indi- tem for trade adjustment assistance, quirements, all of which will allow us vidual re-training, but it did not ad- recognizing that trade can adversely to gauge the effectiveness and effi- dress the possibility that unemploy- affect both individuals and commu- ciency of the program. ment might be so high in a community nities. that jobs were not available for an in- For individuals, the legislation: har- For companies, the legislation: re-au- dividual after they had completed a monizes TAA and NAFTA/TAA across thorizes TAA for firms program. training program. To rectify this prob- the board as it relates to eligibility re- For Farmers, Ranchers, and Fisher- lem, we have created a community quirements, certification time periods, men, the legislation: establishes spe- trade adjustment assistance program, and training enrollment discrepancies, cial provisions that allow TAA to cover designed to provide strategic planning making it one coherent, comprehensive family farmers, ranchers, and fisher- assistance and economic development program; extends TAA benefits to all men.

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.086 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7969 Let me conclude by saying that I lative Branch for the fiscal year ending Sep- ergy) from any entity except the Four Dam consider the Trade Adjustment Assist- tember 30, 2002, and for other purposes. Pool Power Agency. ance program to be a commitment be- SA 1027. Mr. SPECTER proposed an amend- SA 1022. Mr. MURKOWSKI submitted tween our government and the Amer- ment to the bill S. 1172, supra. f an amendment intended to be proposed ican people. It is the only program de- by him to the bill H.R. 2311, making ap- signed to help American workers cope TEXT OF AMENDMENTS propriations for energy and water de- with the changes that occur as a result SA 1019. Mr. EDWARDS submitted an velopment for the fiscal year ending of international trade. Current legisla- September 30, 2002, and for other pur- tion expires on September 30th of this amendment intended to be proposed by him to the bill H.R. 2311, making ap- poses; which was ordered to lie on the year, and it is time to do something table; as follows: more than a simple reauthorization. I propriations for energy and water de- At the appropriate place, insert the fol- ask my colleagues to support this bill. velopment for the fiscal year ending September 30, 2002, and for other pur- lowing: f poses; which was ordered to lie on the TITLE —IRAQ PETROLEUM IMPORT SUBMITTED RESOLUTIONS table; as follows: RESTRICTION ACT OF 2001 On page 7, line 26, after ‘‘expended,’’, insert SECTION . SHORT TITLE AND FINDINGS. (a) This Title can be cited as the ‘‘Iraq Pe- the following: ‘‘of which not less than troleum Import Restriction Act of 2001.’’ $300,000 shall be used for a study to deter- SENATE RESOLUTION 137—TO AU- (b) FINDINGS.—Congress finds that: THORIZE REPRESENTATION BY mine, and develop a project that would (1) the government of the Republic of Iraq: THE SENATE LEGAL COUNSEL IN make, the best use, on beaches of adjacent (A) has failed to comply with the terms of JOHN HOFFMAN, ET AL. V. towns, of sand dredged from Morehead City United Nations Security Council Resolution Harbor, Carteret County, North Carolina; JAMES JEFFORDS 687 regarding unconditional Iraqi acceptance and’’. of the destruction, removal, or rendering Mr. DASCHLE (for himself and Mr. harmless, under international supervision, of LOTT) submitted the following resolu- SA 1020. Ms. SNOWE (for herself and all nuclear, chemical and biological weapons tion; which was considered and agreed Ms. COLLINS) submitted an amendment and all stocks of agents and all related sub- to: intended to be proposed by her to the systems and components and all research, development, support and manufacturing fa- S. RES. 137 bill H.R. 2311, making appropriations cilities, as well as all ballistic missiles with Whereas, Senator James Jeffords has been for energy and water development for the fiscal year ending September 30, a range greater than 150 kilometers and re- named as a defendant in the case of John lated major parts, and repair and production Hoffman, et al. v. James Jeffords, Case No. 2002, and for other purposes; which was facilities and has failed to allow United Na- 01CV1190, now pending in the United States ordered to lie on the table; as follows: tions inspectors access to sites used for the District Court for the District of Columbia; At the appropriate place, insert: production or storage of weapons of mass de- Whereas, pursuant to sections 703(a) and (a)(1) Not later than X, the Secretary shall struction; 704(a)(1) of the Ethics in Government Act of investigate the flood control project for Fort (B) routinely contravenes the terms and 1978, 2 U.S.C. §§ 288(a) and 288c(a)(1), the Sen- Fairfield, Maine, authorized under section conditions of UNSC Resolution 661, author- ate may direct its counsel to represent Mem- 205 of the Flood Control Act of 1948 (33 U.S.C. izing the export of petroleum products from bers of the Senate in civil actions with re- 701s); and Iraq in exchange for food, medicine and other spect to their official responsibilities: Now, (2) determine whether the Secretary is re- humanitarian products by conducting a rou- therefore, be it sponsible for a design deficiency in the tine and extensive program to sell such prod- Resolved, That the Senate Legal Counsel is project relating to the interference of ice ucts outside of the channels established by authorized to represent Senator James Jef- with pump operation. UNSC Resolution 661 in exchange for mili- fords in the case of John Hoffman, et al. v. (b) If the Secretary determines under sub- tary equipment and materials to be used in James Jeffords. section (a) that the Secretary is responsible pursuit of its program to develop weapons of f for the design deficiency, the Secretary shall mass destruction in order to threaten the correct the design deficiency, including the United States and its allies in the Persian AMENDMENTS SUBMITTED AND cost of design and construction, at 100 per- Gulf and surrounding regions; PROPOSED cent Federal expense. (C) has failed to adequately draw down upon the amounts received in the Escrow Ac- SA 1019. Mr. EDWARDS submitted an count established by UNSC Resolution 986 to amendment intended to be proposed by him SA 1021. Mr. STEVENS (for himself purchase food, medicine and other humani- to the bill H.R. 2311, making appropriations and Mr. MURKOWSKI) submitted an tarian products required by its citizens, re- for energy and water development for the fis- amendment intended to be proposed by sulting in massive humanitarian suffering by cal year ending September 30, 2002, and for him to the bill H.R. 2311, making ap- the Iraqi people; other purposes; which was ordered to lie on propriations for energy and water de- (D) conducts a periodic and systematic the table. velopment for the fiscal year ending campaign to harass and obstruct the enforce- SA 1020. Ms. SNOWE (for herself and Ms. September 30, 2002, and for other pur- ment of the United States and United King- COLLINS) submitted an amendment intended poses; which was ordered to lie on the dom-enforced ‘‘No-Fly Zones’’ in effect in to be proposed by her to the bill H.R. 2311, table; as follows: the Republic of Iraq; and supra; which was ordered to lie on the table. (E) routinely manipulates the petroleum SA 1021. Mr. STEVENS (for himself and On page 33, after line 25, add the following: export production volumes permitted under Mr. MURKOWSKI) submitted an amendment SEC. . SOUTHEAST INTERTIE LICENSE TRANS- UNSC Resolution 661 in order to create un- intended to be proposed by him to the bill FER. certainty in global energy markets, and H.R. 2311, supra; which was ordered to lie on (a) IN GENERAL.—On notification by the therefore threatens the economic security of the table. State of Alaska to the Federal Energy Regu- the United States. SA 1022. Mr. MURKOWSKI submitted an latory Commission that the sale of hydro- (2) Further imports of petroleum products amendment intended to be proposed by him electric projects owned by the Alaska En- from the Republic of Iraq are inconsistent to the bill H.R. 2311, supra; which was or- ergy Authority has been completed, the with the national security and foreign policy dered to lie on the table. transfer of the licenses for Project Nos. 2742, interests of the United States and should be SA 1023. Mr. MURKOWSKI submitted an 2743, 2911 and 3015 to the Four Dam Pool eliminated until such time as they are not so amendment intended to be proposed by him Power Agency shall occur by operation of inconsistent. to the bill H.R. 2311, supra; which was or- this section. SEC. . PROHIBITION ON IRAQI-ORIGIN PETRO- dered to lie on the table. (b) RATIFICATION OF ORDER.—The Order LEUM IMPORTS. SA 1024. Mr. REID (for himself and Mr. Granting Limited Waiver of Regulations The direct or indirect import from Iraq of DOMENICI) proposed an amendment to the bill issued by the Federal Energy Regulatory Iraqi-origin petroleum and petroleum prod- H.R. 2311, supra. Commission March 15, 2001 (Docket Nos. ucts is prohibited, notwithstanding an au- SA 1025. Mrs. MURRAY (for herself and Mr. EL01–26–000 and Docket No. EL01–32–000, 94 thorization by the Committee established by SHELBY) proposed an amendment to the bill FERC 61,293 (2001), is ratified. UNSC Resolution 661 or its designee, or any H.R. 2299, making appropriations for the De- (c) REQUIREMENT TO PURCHASE ELECTRIC other order to the contrary. partment of Transportation and related POWER.—The members of the Four Dam Pool SEC. . TERMINATION/PRESIDENTIAL CERTIFI- agencies for the fiscal year ending Sep- Power Agency in Alaska shall not be re- CATION. tember 30, 2002, and for other purposes. quired, under section 210 of the Public Util- This Act will remain in effect until such SA 1026. Mr. DURBIN (for himself and Mr. ity Regulatory Policies Act of 1978 (16 U.S.C. time as the President, after consultation BENNETT) proposed an amendment to the bill 824a–3) or any other provision of federal law, with the relevant committees in Congress, S. 1172, making appropriations for the Legis- to purchase electric power (capacity or en- certifies to the Congress that:

VerDate 19-JUL-2001 06:55 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G19JY6.088 pfrm04 PsN: S19PT1 S7970 CONGRESSIONAL RECORD — SENATE July 19, 2001 (a) the United States is not engaged in ac- Act (43 U.S.C. 1543(f)), no amount from the On page 17, lines 21 and 22, strike tive military operations in: Lower Colorado River Basin Development ‘‘$736,139,000 to remain available until ex- (1) enforcing ‘‘No-Fly Zones’’ in Iraq; Fund shall be paid to the general fund of the pended’’ and insert ‘‘$736,139,000, to remain (2) support of United Nations sanctions Treasury until each provision of the Stipula- available until expended, of which not less against Iraq; tion Regarding a Stay and for Ultimate than $3,000,000 shall be used for the advanced (3) preventing the smuggling of Iraqi-ori- Judgment Upon the Satisfaction of Condi- test reactor research and development up- gin petroleum and petroleum products in tions, filed in United States district court on grade initiative’’. violation of UNSC Resolution 986; and May 3, 2000, in Central Arizona Water Con- In Title II, page 14, line 9, after ‘‘1998 (4) otherwise preventing threatening ac- servation District v. United States (No. CIV prices).’’ strike the period and insert the fol- tion by Iraq against the United States or its 95–625–TUC–WDB (EHC), No. CIV 95–1720– lowing: ‘‘: Provided further, That of the funds allies; and OHX–EHC (Consolidated Action)) is met. provided herein, $1,000,000 may be used to (b) resuming the importation of Iraqi-ori- (b) PAYMENT TO GENERAL FUND.—If any of complete the Hopi/Western Navajo Water De- gin petroleum and petroleum products would the provisions of the stipulation referred to velopment Plan, Arizona.’’ not be inconsistent with the national secu- in subsection (a) is not met by the date that At the appropriate place, insert: ‘‘Of the rity and foreign policy interests of the is 3 years after the date of enactment of this funds made available under Operations and United States. Act, payments to the general fund of the Maintenance, a total of $3,000,000 may be SEC. . HUMANITARIAN INTERESTS. Treasury shall resume in accordance with made available for Perry Lake, Kansas.’’ It is the sense of the Senate that the Presi- section 403(f) of the Colorado River Basin On page 28, before the period on line 10, in- dent should make all appropriate efforts to Project Act (43 U.S.C. 1543(f)). sert the following: ‘‘: Provided further, That ensure that the humanitarian needs of the (c) AUTHORIZATION.—Amounts in the Lower of the amount herein appropriated, not less Iraqi people are not negatively affected by Colorado River Basin Development Fund than $200,000 shall be provided for corridor this Act, and should encourage public, pri- that but for this section would be returned review and environmental review required vate, domestic and international means the to the general fund of the Treasury shall not for construction of a 230 kv transmission line direct or indirect sale, donation or other be expended until further Act of Congress. between Belfield and Hettinger, North Da- At the appropriate place in the bill insert transfer to appropriate non-governmental kota: Provided further, That these funds shall the following: ‘‘; Provided, That within the health and humanitarian organizations and be nonreimbursable: Provided further, That funds provided, molecular nuclear medicine individuals within Iraq of food, medicine and these funds shall be available until ex- research shall be continued at not less than other humanitarian products. pended.’’ the fiscal year 2001 funding level.’’ On page 12, line 20, after ‘‘expended,’’ in- SEC. . DEFINITIONS. At the appropriate place in Title I, insert sert ‘‘of which $4,000,000 shall be available for (a) ‘‘661 COMMITTEE.’’—The term 661 Com- the following: mittee means the Security Council Com- ‘‘SEC. . The non-Federal interest shall re- the West River/Lyman-Jones Rural Water mittee established by UNSC Resolution 661, ceive credit towards the lands, easements, System to provide rural, municipal, and in- and persons acting for or on behalf of the relocations, rights-of-way, and disposal areas dustrial drinking water for Philip, South Da- Committee under its specific delegation of required for the Lava Hot Springs restora- kota, in accordance with the Mni Wiconi authority for the relevant matter or cat- tion project in Idaho, and acquired by the Project Act of 1988 (102 Stat. 2566; 108 Stat. egory of activity, including the overseers ap- non-Federal interest before execution of the 4539),’’. pointed by the UN Secretary-General to ex- project cooperation agreement: Provided, On page 28, before the period on line 23, in- amine and approve agreements for purchases That the Secretary shall provide credit for sert the following: ‘‘Provided further, within of petroleum and petroleum products from work only if the Secretary determines such the amount herein appropriated, not less the Government of Iraq pursuant to UNSC work to be integral to the project.’’ than $200,000 shall be provided for the West- Resolution 986. On page 7, line 6, before the period, insert ern Area Power Administration to conduct a (b) ‘‘UNSC RESOLUTION 661.’’—The term the following: ‘‘: Provided further, That, with technical analysis of the costs and feasi- UNSC Resolution 661 means United Nations respect to the environmental infrastructure bility of transmission expansion methods Security Council Resolution No. 661, adopted project in Lebanon, New Hampshire, for and technologies: Provided further, That August 6, 1990, prohibiting certain trans- which funds are made available under this WAPA shall publish a study by July 31, 2002 actions with respect to Iraq and Kuwait. heading, the non-Federal interest shall re- that contains recommendations of the most (c) ‘‘UNSC RESOLUTION 986.’’—The term ceive credit toward the non-Federal share of cost-effective methods and technologies to UNSC Resolution 986 means United Nations the cost of the project for work performed enhance electricity transmission from lig- Security Council Resolution 98, adopted before the date of execution of the project nite and wind energy: Provided further, That April 14, 1995. cooperation agreement’’, if the Secretary de- these funds shall be non-reimbursable: Pro- SEC. . EFFECTIVE DATE. termines the work is integral to the vided further, That these funds shall be avail- The prohibition on importation of Iraqi or- project.’’ able until expended.’’ igin petroleum and petroleum products shall On page 8, line 7, before the colon, insert On page 7, line 26, after ‘‘expended,’’ insert be effective 30 days after enactment of this the following: ‘‘, and of which not less than the following: ‘‘of which not less than Act. $400,000 shall be used to carry out mainte- $300,000 shall be used for a study to deter- nance dredging of the Sagamore Creek Chan- mine, and develop a project that would SA 1023. Mr. MURKOWSKI submitted nel, New Hampshire’’. make, the best use, on beaches of adjacent an amendment intended to be proposed On page 11, line 16 insert the following ‘‘, towns, of sand dredged from Morehead City by him to the bill H.R. 2311, making ap- ‘‘SEC. 104. Of the funds provided under Title Harbor, Carteret County, North Carolina; and’’. propriations for energy and water de- I, $15,500,000 shall be available for the Dem- onstration Erosion Control project, MS.’’ In Title I, on page 11, Line 16, after ‘‘Plan’’, velopment for the fiscal year ending On page 36, line 5, strike ‘‘$43,652,000’’ and insert at the appropriate place, the fol- September 30, 2002, and for other pur- insert ‘‘$48,652,000’’. lowing: poses; which was ordered to lie on the On page 36, line 16, strike ‘‘$5,432,000’’ and ‘‘SEC. . GUADALUPE RIVER, CALIFORNIA. table; as follows: insert ‘‘$5,280,000’’. ‘‘The project for flood control, Guadalupe On page 36, line 23, strike ‘‘$68,000’’ and in- On page 14, line 9, strike ‘‘prices).’’ and in- River, California, authorized by Section 401 sert ‘‘$220,000’’. sert ‘‘prices): Provided further, That none of At the appropriate place in the bill under of the Water Resources Development Act of the funds made available in furtherance of or General Provisions, Department of Energy, 1986, and the Energy and Water Development for the purposes of the CALFED Program insert the following: Appropriation Acts of 1990 and 1992, is modi- may be obligated or expended for such pur- SEC. 3 . (a) The Secretary of Energy shall fied to authorize the Secretary to construct pose unless separate legislation specifically conduct a study of alternative financing ap- the project substantially in accordance with authorizing such expenditures or obligation proaches, to include third-party-type meth- the General Reevaluation and Environ- has been enacted.’’ ods, for infrastructure and facility construc- mental Report for Proposed Project Modi- tion projects across the Department of En- fications, dated February 2001, at a total cost SA 1024. Mr. REID (for himself and ergy. (b) The study shall be completed and of $226,800,000, with an estimated Federal Mr. DOMENICI) proposed an amend- delivered to the House and Senate Commit- cost $128,700,000, and estimated non-Federal ment to the bill H.R. 2311, making ap- tees on Appropriation within 180 days of en- cost of $98,100,000.’’ propriations for energy and water de- actment. On page 2, line 18, before the period, insert velopment for the fiscal year ending On page 29, line 3, strike ‘‘$181,155,000’’ and the following: ‘‘, of which not less than $500,000 shall be used to conduct a study of September 30, 2002, and for other pur- insert ‘‘$187,155,000’’. On page 29, line 5, strike ‘‘$181,155,000’’ and Port of Iberia, Louisiana’’. poses; as follows: insert ‘‘$187,155,000’’. On page 8, at the end of line 24, before the On page 17, line 8, insert the following: On page 29, line 13, insert the following period, insert: SEC. 204. LOWER COLORADO RIVER BASIN DE- after ‘‘not more than $0’’ insert the fol- ‘‘: Provided further, That $500,000 of the VELOPMENT FUND. lowing: ‘‘: Provided further, That the Commis- funds appropriated herein shall be available (a) IN GENERAL.—Notwithstanding section sion is authorized to hire an additional ten for the conduct of activities related to the 403(f) of the Colorado River Basin Project senior executive service positions.’’ selection, by the Secretary of the Army in

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.112 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7971 cooperation with the Environmental Protec- (xiii) S. 32°20′28″ E. 254.18 feet; thence cilities) in accordance with subsection (b), or tion Agency, of a permanent disposal site for (xiv) S. 52°55′49″ E. 964.95 feet; thence if work in connection with any activity au- environmentally sound dredged material (xv) S. 56°24′40″ E. 366.60 feet; thence thorized under subsection (b) is not com- from navigational dredging projects in the (xvi) S. 80°31′50″ E. 100.51 feet; thence menced by the date that is 5 years after the State of Rhode Island.’’ (xvii) N. 75°30′00″ E. 120.00 feet; thence date on which permits for the work are At the appropriate place, insert the fol- (xviii) N. 53°09′00″ E. 486.50 feet; thence issued, the designation of nonnavigability lowing: (xix) N. 81°18′00″ E. 132.00 feet; thence under subsection (a)(1) for that area or por- ‘‘Of the funds provided under Operations (xx) S. 56°35′00″ E. 115.11 feet; thence tion of an area shall terminate. and Maintenance for McKlellan-Kerr, Arkan- (xxi) S. 42°00′00″ E. 271.00 feet; thence Under Title II, page 14, line 9, strike the sas River Navigation System dredging, (xxii) S. 48°30′00″ E. 287.13 feet to a point in period and insert the following: : Provided $22,338,000 is provided: Provided further, of the Northwesterly line of Grove Avenue further, That $500,000 of the funds provided that amount, $1,000,000 shall be for dredging (59.75 feet wide); thence herein, shall be available to begin design ac- on the Arkansas River for maintenance (xxiii) S. 23°09′50″ W. 4120.49 feet; thence tivities related to installation of electric ir- dredging at the authorized depth.’’ (xxiv) N. 66°50′10″ W. 251.78 feet; thence rigation water pumps at the Savage Rapids On Page 2, line 18, before the period, insert (xxv) S. 36°05′20″ E. 228.64 feet; thence Dam on the Rogue River, Oregon. the following: ‘‘, Provided, That using $100,000 (xxvi) S. 58°53′00″ W. 1158.36 feet to a point At the appropriate place insert the fol- of the funds provided herein for the States of in the Southwesterly line of said River Lane; lowing: Maryland, Virginia, Pennsylvania and the thence SEC. . NOME HARBOR TECHNICAL CORREC- District of Columbia, the Secretary of the (xxvii) S. 41°31′35″ E. 113.50 feet; thence TIONS. Army, acting through the Chief of Engineers, (xxviii) S. 61°28′35″ W. 863.52 feet to the Section 101(a)(1) of Public Law 106–53 (the is directed to conduct a Chesapeake Bay point of beginning. Water Resources Development Act of 1999) is shoreline erosion study, including an exam- (C)(i) Except as provided in clause (ii), be- amended by— ination of management measures that could ginning at a point in the centerline of (A) striking ‘‘25,651,000’’ and inserting in be undertaken to address the sediments be- Church Street (49.50 feet wide) where the its place ‘‘$39,000,000’’; and hind the dams on the lower Susquehanna same is intersected by the curved northerly (B) striking ‘‘20,192,000’’ and inserting in its River. line of Pennsylvania-Reading Seashore Lines place ‘‘$33,541,000’’. On page 11, between lines 16 and 17, insert Railroad right-of-way (66.00 feet wide), along In Title I, on page 11, line 16, after ‘‘Plan.’’ the following: that Railroad, on a curve to the left, having at the appropriate place, insert the fol- SEC. 1ll. DESIGNATION OF NONNAVIGABILITY a radius of 1465.69 feet, an arc distance of lowing: FOR PORTIONS OF GLOUCESTER 1132.14 feet— ‘‘SEC. . The Secretary of the Army shall COUNTY, NEW JERSEY. (I) N. 88°45′47″ W. 1104.21 feet; thence not accept or solicit non-Federal voluntary (a) DESIGNATION.— (II) S. 69°06′30″ W. 1758.95 feet; thence contributions for shore protection work in (1) IN GENERAL.—The Secretary of the (III) N. 23°04′43″ W. 600.19 feet; thence excess of the minimum requirements estab- Army (referred to in section as the ‘‘Sec- (IV) N. 19°15′32″ W. 3004.57 feet; thence lished by law; except that, when voluntary retary’’) shall designate as nonnavigable the (V) N. 44°52′41″ W. 897.74 feet; thence contributions are tendered by a non-Federal areas described in paragraph (3) unless the (VI) N. 32°26′05″ W. 2765.99 feet to a point in sponsor for the prosecution of work outside Secretary, after consultation with local and the Pierhead and Bulkhead Line along the the authorized scope of the Federal project regional public officials (including local and Southeasterly shore of the Delaware River; at full non-Federal expense, the Secretary is regional planning organizations), makes a thence authorized to accept said contributions.’’ determination that 1 or more projects pro- (VII) N. 53°37′05″ E. 2770.00 feet; thence In Title I, on page 2, line 18, after ‘‘until posed to be carried out in 1 or more areas de- (VIII) S. 36°22′55″ E. 870.00 feet; thence expended.’’, strike the period and insert the scribed in paragraph (2) are not in the public (IX) S. 57°04′39″ E. 481.04 feet; thence following: ‘‘: Provided, that the Secretary of interest. (X) S. 35°33′54″ E. 975.59 feet; thence the Army, using $100,000 of the funds pro- (2) DESCRIPTION OF AREAS.—The areas re- (XI) S. 27°56′37″ E. 3674.36 feet; thence vided herein, is directed to conduct studies ferred to in paragraph (1) are certain parcels (XII) crossing Church Street, S. 34°19′51″ E. for flood damage reduction, environmental of property situated in the West Deptford 1590.16 feet to a point in the easterly line of protection, environmental restoration, water Township, Gloucester County, New Jersey, Church Street; thence supply, water quality and other purposes in as depicted on Tax Assessment Map #26, (XIII) S. 11°28′50″ W. 1052.14 feet; thence Tuscaloosa County, Alabama, and shall pro- Block #328, Lots #1, 1.03, 1.08, and 1.09, more (XIV) S. 61°28′35″ W. 32.31 feet; thence vide a comprehensive plan for the develop- fully described as follows: (XV) S. 11°28′50″ W. 38.56 feet to the point of ment, conservation, disposal and utilization (A) Beginning at the point in the easterly beginning. of water and related land resources, for flood line of Church Street (49.50 feet wide), said (ii) The parcel described in clause (i) does damage reduction and allied purposes, in- beginning point being the following 2 courses not include the parcel beginning at the point cluding the determination of the need for a from the intersection of the centerline of in the centerline of Church Street (49.50 feet reservoir to satisfy municipal and industrial Church Street with the curved northerly wide), that point being N. 11°28′50″ E. 796.36 water supply needs.’’ right-of-way line of Pennsylvania-Reading feet, measured along the centerline, from its Insert on page 14, line 9, after ‘‘1998 Seashore Lines Railroad (66.00 feet wide)— intersection with the curved northerly right- prices)’’ ‘‘: Provided further, That of such (i) along said centerline of Church Street of-way line of Pennsylvania-Reading Sea- funds, not more than $1,500,000 shall be avail- ° ′ ″ N. 11 28 50 E. 38.56 feet; thence shore Lines Railroad (66.00 feet wide)— able to the Secretary for completion of a fea- ° ′ ″ (ii) along the same N. 61 28 35 E. 32.31 feet (I) N. 78°27′40″ W. 118.47 feet; thence sibility study for the Santa Fe Regional to the point of beginning. (II) N. 15°48′40″ W. 120.51 feet; thence Water System, New Mexico: Provided further, (B) Said beginning point also being the end (III) N. 77°53′00″ E 189.58 feet to a point in That the study shall be completed by Sep- of the thirteenth course and from said begin- the centerline of Church Street; thence tember 30, 2002’’ ning point runs; thence, along the (IV) S. 11°28′50″ W. 183.10 feet to the point of At the appropriate place, insert the fol- aformentioned Easterly line of Church beginning. lowing: Street— (b) LIMITS ON APPLICABILITY; REGULATORY SEC. . Section 211 of the Water Resources (i) N. 11°28′50″ E. 1052.14 feet; thence REQUIREMENTS.— and Development Act of 2000 (P.L. 106–541) (ii) crossing Church Street, N. 34°19′51″ W. (1) IN GENERAL.—The designation under [114 Stat. 2592–2593] is amended by adding the 1590.16 feet; thence subsection (a)(1) shall apply to those parts of following language at the end thereof as (iii) N. 27°56′37″ W. 3674.36 feet; thence the areas described in subsection (a) that are paragraph (c): (iv) N. 35°33′54″ W. 975.59 feet; thence or will be bulkheaded and filled or otherwise ‘‘(3) ENGINEERING RESEARCH AND DEVELOP- (v) N. 57°04′39″ W. 481.04 feet; thence occupied by permanent structures, including MENT CENTER.—The Engineer Research and (vi) N. 36°22′55″ W. 870.00 feet to a point in marina facilities. Development Center is exempt from the re- the Pierhead and Bulkhead Line along the (2) APPLICABLE LAW.—All activities de- quirements of this section.’’ Southeasterly shore of the Delaware River; scribed in paragraph (1) shall be subject to At the appropriate place insert the fol- thence all applicable Federal law, including— lowing: (vii) along the same line N. 53°37′05″ E. (A) the Act of March 3, 1899 (30 Stat. 1121, SEC. . Section 514(g) of the Water Re- 1256.19 feet; thence chapter 425); sources and Development Act of 1999 (113 (viii) still along the same, N. 86°10′29″ E. (B) section 404 of the Federal Water Pollu- STAT. 343) is amended by striking ‘‘fiscal 1692.61 feet; thence, still along the same the tion Control Act (33 U.S.C. 1344); and years 2000 and 2001’’ and inserting in lieu following thirteenth courses (C) the National Environmental Policy Act thereof ‘‘fiscal years 2000 through 2002.’’ (ix) S. 67°44′20″ E. 1090.00 feet to a point in of 1969 (42 U.S.C. 4321 et seq.). In Title II, page 17, line 7, after the Pierhead and Bulkhead Line along the (c) TERMINATION OF DESIGNATION.—If, on ‘‘390ww(i)).’’ at the appropriate place insert Southwesterly shore of Woodbury Creek; the date that is 20 years after the date of en- the following: thence actment of this Act, any area or portion of ‘‘SEC. . (a) None of the funds appropriated (x) S. 39°44′20″ E. 507.10 feet; thence an area described in subsection (a)(3) is not or otherwise made available by this Act may (xi) S. 31°01′38″ E. 1062.95 feet; thence bulkheaded, filled, or otherwise occupied by be used to determine the final point of dis- (xii) S. 34°34′20″ E. 475.00 feet; thence permanent structures (including marina fa- charge for the interceptor drain for the San

VerDate 19-JUL-2001 06:27 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.118 pfrm04 PsN: S19PT1 S7972 CONGRESSIONAL RECORD — SENATE July 19, 2001 Luis Unit until development by the Sec- sultation with the head of the Paducah Gas- (1) by redesignating paragraphs (1), (2), (3), retary of the Interior and the State of Cali- eous Diffusion Plant. and (4) as subparagraphs (A), (B), (C), and fornia of a plan, which shall conform to the At the appropriate place, insert the fol- (D), respectively; water quality standards of the State of Cali- lowing: (2) by striking ‘‘(b) The Secretary’’ and in- fornia as approved by the Administrator of SEC. . CERRILLOS DAM, PUERTO RICO. serting the following: the Environmental Protection Agency, to The Secretary of the Army shall reassess ‘‘(b) PROJECTS.— minimize any detrimental effect of the San the allocation of Federal and non-Federal ‘‘(1) IN GENERAL.—The Secretary’’; and Luis drainage waters. costs for construction of the Cerrillos Dam, (3) by striking ‘‘The non-Federal share of (b) The costs of the Kesterson Reservoir carried out as part of the project for flood the cost of any project under this section Cleanup Program and the costs of the San control, Portugues and Bucana Rivers, Puer- shall be 25 percent.’’ and inserting the fol- Joaquin Valley Drainage Program shall be to Rico. lowing: classified by the Secretary of the Interior as At the appropriate place insert: ‘‘(2) COST SHARING.— reimbursable or nonreimbursable and col- SEC. . The Senate finds that— ‘‘(A) IN GENERAL.—The non-Federal share lected until fully repaid pursuant to the (1) The Department of Energy’s Yucca of the cost of any project under this sub- ‘‘Cleanup Program-Alternative Repayment Mountain Program has been one of the most section shall be 25 percent. Plan’’ described in the report entitled ‘‘Re- intensive scientific investigations in history. ‘‘(B) FORM.—The non-Federal share may be payment Report, Kesterson Reservoir Clean- (2) Significant milestones have been met, provided through in-kind services, including up Program and San Joaquin Valley Drain- including the recent release of the Science the provision by the non-Federal interest of age Program, February 1995’’, prepared by and Engineering Report, and others are due shell stock material that is determined by the Department of the Interior, Bureau of in the near future including the Final Site the Chief of Engineers to be suitable for use Reclamation. Any future obligations of funds Suitability Evaluation. in carrying out the project. by the United States relating to, or pro- (3) Nuclear power presently provides 20% of ‘‘(C) APPLICABILITY.—The non-Federal in- viding for, drainage service or drainage stud- the electricity generated in the United terest shall be credited with the value of in- ies for the San Luis Unit shall be fully reim- States. kind services provided on or after October 1, bursable by San Luis Unit beneficiaries of (4) A decision on how to dispose of spent 2000, for a project described in paragraph (1) such service or studies pursuant to Federal nuclear fuel and high level radioactive waste completed on or after that date if the Sec- Reclamation law. is essential to the future of nuclear power in retary determines that the work is integral In Title II, page 14, line 3, after ‘‘of ‘‘and the United States. to the project.’’. 2001’’: Provided further,’’ from the colon (5) Any decision on how to dispose of spent On page 5, line 5 after ‘‘Vermont:’’ insert strike line 3 through line 9 to the period. nuclear fuel and high level radioactive waste ‘‘Provided further, That the Secretary of the In Title I, page 2 line 18, after ‘‘until ex- must be based on sound science and it is crit- Army, acting through the Chief of Engineers, pended,’’ strike the period and insert the fol- ical that the federal government provide is directed to use $2.5 million of the funds ap- lowing: ‘‘: Provided further, That within the adequate funding to ensure the availability propriated herein to proceed with the re- funds provided herein, the Secretary may use of such science in a timely manner to allow moval of the Embrey Dam, Fredericksburg, $300,000 for the North Georgia Water Plan- fully informed decisions to be made in ac- Virginia.’’ ning District Watershed Study, Georgia.’’ cordance with the statutorily mandated On page 11, between lines 16 and 17, insert Under Title I, page 11, after line 16, at the process. Therefore be in the following: appropriate place, insert the following: Resolved, That it is the Sense of the Senate SEC. 1 . RARITAN RIVER BASIN, GREEN BROOK ‘‘SEC. . (a)(1) Not later than December 31, that the Conferees on the part of the Senate SUBBASIN, NEW JERSEY. 2001, the Secretary shall investigate the should ensure that the levels of funding in- The Secretary of the Army shall imple- flood control project for Fort Fairfield, cluded in the Senate bill for the Yucca ment, with a Federal share of 75 percent and Maine, authorized under section 205 of the Mountain program are increased to an a non-Federal share of 25 percent, a buyout Flood Control Act of 1948 (33 U.S.C. 701s); and amount closer to that included in the plan in the western portion of Middlesex Bor- ‘‘(2) determine whether the Secretary is re- House—passed version of the bill to ensure ough, located in the Green Brook subbasin of sponsible for a design deficiency in the that a determination on the disposal of spent the Raritan River basin, New Jersey, that in- project relating to the interference of ice nuclear fuel and high level radioactive waste cludes— with pump operation. can be concluded in accordance with the (1) the buyout of not to exceed 10 single- ‘‘(b) If the Secretary determines under sub- statutorily mandated process. family residences; section (a) that the Secretary is responsible At the appropriate place in Title II, insert (2) floodproofing of not to exceed 4 com- for the design deficiency, the Secretary shall the following: mercial buildings located along Prospect correct the design deficiency, including the ‘‘SEC. . The Secretary of Interior, in ac- Place or Union Avenue; and cost of design and construction, at 100 per- cepting payments for the reimbursable ex- (3) the buyout of not to exceed 3 commer- cent Federal expense.’’ penses incurred for the replacement, repair, cial buildings located along Raritan Avenue At the appropriate place, add the fol- and extraordinary maintenance with regard or Lincoln Avenue. lowing: to the Valve Rehabilitation Project at the At the appropriate place, insert the fol- The Corps of Engineers is urged to proceed Arrowrock Dam on the Arrowrock Division lowing: Provided further, That the project for with design of the Section 205 Mad Creek of the Boise Project in Idaho, shall recover the ACF authorized by section 2 of the Riv- Flood control project in Iowa. no more than $6,900,000 of such expenses ac- ers and Harbor Act of March 2, 1945 (Public On page 17, line 22, before the period, insert cording to the application of the current for- Law 79–14; 59 Stat. 10) and modified by the the following: ‘‘of which $1,000,000 may be mula for charging users for reimbursable op- first section of the River and Harbor Act of available for the Consortium for Plant Bio- eration and maintenance expenses at Bureau 1946 (60 Stat. 635, chapter 595), is modified to technology Research’’. of Reclamation facilities on the Boise authorize the Secretary, as part of naviga- Insert on page 22, line 14, strike the period Project, and shall recover this portion of tion maintenance activities to develop and and insert the following: ‘‘: Provided further, such expenses over a period of 15 years. implement a plan to be integrated into the That, $30,000,000 shall be utilized for tech- Insert at the appropriate place in the bill long term dredged material management nology partnerships supportive of NNSA mis- under ‘‘Weapons Activities’’ the following: plan being developed for the Corley Slough sions and $3,000,000 shall be utilized at the ‘‘Provided further, That $1,000,000 shall be reach as required by conditions of the State NNSA laboratories for support of small busi- made available for community reuse organi- of Florida water quality certification, for pe- ness interaction, including technology clus- zations within the office of Worker and Com- riodically removing sandy dredged material ters relevant to laboratory mission.’’ munity Transition.’’ from the disposal sites that the Secretary On page 33, after line 25, add the following: At the appropriate place, insert the fol- may determine to be needed, for the purpose SEC. 312. (a) IN GENERAL.—The Secretary of lowing: of reuse of the disposal areas, but trans- Energy shall provide for the management of SEC. . The Department of Energy shall porting and depositing the sand for environ- environmental matters (including planning consult with the State of South Carolina re- mentally acceptable beneficial uses in coast- and budgetary activities) with respect to the garding any decisions or plans related to the al areas of northwest Florida to be deter- Paducah Gaseous Diffusion Plant, Kentucky, disposition of surplus plutonium located at mined in coordination with the State of through the Assistant Secretary of Energy the DOE Savannah River Site. The Secretary Florida: Provided further, that the Secretary for Environmental Management. of Energy shall prepare not later than Sep- is authorized to acquire all lands, easements, (b) PARTICULAR REQUIREMENTS.—(1) In tember 30, 2002, a plan for those facilities re- and rights of way that may be determined by meeting the requirement in subsection (a), quired to ensure the capability to dispose of the Secretary, in consultation with the af- the Secretary shall provide for direct com- such materials. fected state, to be required for dredged mate- munication between the Assistant Secretary On page 12, between lines 5 and 6, insert rial disposal areas to implement a long term of Energy for Environmental Management the following: dredge material management plan: Provided and the head of the Paducah Gaseous Diffu- SEC. 1ll. STUDY OF CORPS CAPABILITY TO further, that the long term management plan sion Plant on the matters covered by that CONSERVE FISH AND WILDLIFE. shall be developed in coordination with the subsection. Section 704(b) of the Water Resources De- State of Florida no later than 2 years from (2) The Assistant Secretary shall carry out velopment Act of 1986 (33 U.S.C. 2263(b)) is the date of enactment of this legislation: activities under this section in direct con- amended— Provided further, That, $1,000,000 shall

VerDate 19-JUL-2001 07:07 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.144 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7973 be made available for these purposes and such costs, including the cost of modifying grated Deepwater Systems program, to re- $8,173,000 shall be made available for the such loans, shall be as defined in section 502 main available until September 30, 2006: Pro- Apalacheila, Chattahoochee and Flint Rivers of the Congressional Budget Act of 1974: Pro- vided, That the Commandant of the Coast Navigation. vided further, That these funds are available Guard is authorized to dispose of surplus real On page 33, after line 25, add the following: to subsidize total loan principal, any part of property, by sale or lease, and the proceeds SEC. 3 . PROHIBITION OF OIL AND GAS DRILL- which is to be guaranteed, not to exceed shall be credited to this appropriation as off- ING IN THE FINGER LAKES NA- $18,367,000. In addition, for administrative ex- setting collections and made available only TIONAL FOREST, NEW YORK. penses to carry out the guaranteed loan pro- for the National Distress and Response Sys- No Federal permit or lease shall be issued gram, $400,000. tem Modernization program, to remain for oil or gas drilling in the Finger Lakes MINORITY BUSINESS OUTREACH available for obligation until September 30, National Forest, New York, during fiscal For necessary expenses of Minority Busi- 2004: Provided further, That none of the funds year 2002 or thereafter. ness Resource Center outreach activities, provided under this heading may be obli- In the appropriate place, strike $150,000 for gated or expended for the Integrated Deep- Horseshoe Lake Feasibility Study and re- $3,000,000, of which $2,635,000 shall remain available until September 30, 2003: Provided, water Systems (IDS) system integration con- place with $250,000 for Horseshoe Lake Feasi- tract until the Secretary or Deputy Sec- bility Study. That notwithstanding 49 U.S.C. 332, these funds may be used for business opportunities retary of Transportation and the Director, related to any mode of transportation. Office of Management and Budget jointly SA 1025. Mrs. MURRAY (for herself certify to the House and Senate Committees COAST GUARD and Mr. SHELBY) proposed an amend- on Appropriations that funding for the IDS ment to the bill H.R. 2299, making ap- OPERATING EXPENSES program for fiscal years 2003 through 2007, propriations for the Department of For necessary expenses for the operation funding for the National Distress and Re- Transportation and related agencies and maintenance of the Coast Guard, not sponse System Modernization program to for the fiscal year ending September 30, otherwise provided for; purchase of not to ex- allow for full deployment of said system by ceed five passenger motor vehicles for re- 2002, and for other purposes; as follows: 2006, and funding for other essential Search placement only; payments pursuant to sec- and Rescue procurements, are fully funded in Stike all after the enacting clause and in- tion 156 of Public Law 97–377, as amended (42 the Coast Guard Capital Investment Plan sert the following: U.S.C. 402 note), and section 229(b) of the So- and within the Office of Management and That the following sums are appropriated, cial Security Act (42 U.S.C. 429(b)); and Budget’s budgetary projections for the Coast out of any money in the Treasury not other- recreation and welfare, $3,427,588,000, of Guard for those years: Provided further, That wise appropriated, for the Department of which $695,000,000 shall be available for de- none of the funds provided under this head- Transportation and related agencies for the fense-related activities including drug inter- ing may be obligated or expended for the In- fiscal year ending September 30, 2002, and for diction; and of which $25,000,000 shall be de- tegrated Deepwater Systems (IDS) integra- other purposes, namely: rived from the Oil Spill Liability Trust tion contract until the Secretary or Deputy TITLE I Fund: Provided, That none of the funds ap- Secretary of Transportation, and the Direc- DEPARTMENT OF TRANSPORTATION propriated in this or any other Act shall be tor, Office of Management and Budget joint- available for pay for administrative expenses OFFICE OF THE SECRETARY ly approve a contingency procurement strat- in connection with shipping commissioners egy for the recapitalization of assets and ca- SALARIES AND EXPENSES in the United States: Provided further, That pabilities envisioned in the IDS: Provided fur- For necessary expenses of the Office of the none of the funds provided in this Act shall ther, That upon initial submission to the Secretary, $67,349,000: Provided, That not to be available for expenses incurred for yacht Congress of the fiscal year 2003 President’s exceed $60,000 shall be for allocation within documentation under 46 U.S.C. 12109, except budget, the Secretary of Transportation the Department for official reception and to the extent fees are collected from yacht shall transmit to the Congress a comprehen- representation expenses as the Secretary owners and credited to this appropriation: sive capital investment plan for the United may determine: Provided further, That not- Provided further, That of the amounts made States Coast Guard which includes funding withstanding any other provision of law, available under this heading, not less than for each budget line item for fiscal years 2003 there may be credited to this appropriation $13,541,000 shall be used solely to increase through 2007, with total funding for each up to $2,500,000 in funds received in user fees. staffing at Search and Rescue stations, surf year of the plan constrained to the funding OFFICE OF CIVIL RIGHTS stations and command centers, increase the targets for those years as estimated and ap- For necessary expenses of the Office of training and experience level of individuals proved by the Office of Management and Civil Rights, $8,500,000. serving in said stations through targeted re- Budget: Provided further, That the amount tention efforts, revised personnel policies TRANSPORTATION PLANNING, RESEARCH, AND herein appropriated shall be reduced by and expanded training programs, and to DEVELOPMENT $100,000 per day for each day after initial sub- modernize and improve the quantity and mission of the President’s budget that the For necessary expenses for conducting quality of personal safety equipment, includ- plan has not been submitted to the Congress: transportation planning, research, systems ing survival suits, for personnel assigned to Provided further, That the Director, Office of development, development activities, and said stations: Provided further, That the De- Management and Budget shall submit the making grants, to remain available until ex- partment of Transportation Inspector Gen- budget request for the IDS integration con- pended, $15,592,000. eral shall audit and certify to the House and tract delineating sub-headings as follows: TRANSPORTATION ADMINISTRATIVE SERVICE Senate Committees on Appropriations that systems integrator, ship construction, air- CENTER the funding described in the preceding pro- craft, equipment, and communications, pro- Necessary expenses for operating costs and viso is being used solely to supplement and viding specific assets and costs under each capital outlays of the Transportation Ad- not supplant the Coast Guard’s level of effort sub-heading. ministrative Service Center, not to exceed in this area in fiscal year 2001. (RESCISSIONS) $125,323,000, shall be paid from appropriations ACQUISITION, CONSTRUCTION, AND Of the amounts made available under this made available to the Department of Trans- IMPROVEMENTS portation: Provided, That such services shall heading in Public Laws 105–277, 106–69, and For necessary expenses of acquisition, con- 106–346, $8,700,000 are rescinded. be provided on a competitive basis to enti- struction, renovation, and improvement of ties within the Department of Transpor- aids to navigation, shore facilities, vessels, ENVIRONMENTAL COMPLIANCE AND tation: Provided further, That the above limi- and aircraft, including equipment related RESTORATION tation on operating expenses shall not apply thereto, $669,323,000, of which $20,000,000 shall For necessary expenses to carry out the to non-DOT entities: Provided further, That be derived from the Oil Spill Liability Trust Coast Guard’s environmental compliance no funds appropriated in this Act to an agen- Fund; of which $79,640,000 shall be available and restoration functions under chapter 19 of cy of the Department shall be transferred to to acquire, repair, renovate or improve ves- title 14, United States Code, $16,927,000, to re- the Transportation Administrative Service sels, small boats and related equipment, to main available until expended. Center without the approval of the agency remain available until September 30, 2006; ALTERATION OF BRIDGES modal administrator: Provided further, That $12,500,000 shall be available to acquire new For necessary expenses for alteration or no assessments may be levied against any aircraft and increase aviation capability, to removal of obstructive bridges, $15,466,000, to program, budget activity, subactivity or remain available until September 30, 2004; remain available until expended. project funded by this Act unless notice of $97,921,000 shall be available for other equip- such assessments and the basis therefor are ment, to remain available until September RETIRED PAY presented to the House and Senate Commit- 30, 2004; $88,862,000 shall be available for For retired pay, including the payment of tees on Appropriations and are approved by shore facilities and aids to navigation facili- obligations therefor otherwise chargeable to such Committees. ties, to remain available until September 30, lapsed appropriations for this purpose, pay- MINORITY BUSINESS RESOURCE CENTER 2004; $65,200,000 shall be available for per- ments under the Retired Serviceman’s Fam- PROGRAM sonnel compensation and benefits and re- ily Protection and Survivor Benefits Plans, For the cost of guaranteed loans, $500,000, lated costs, to remain available until Sep- payment for career status bonuses under the as authorized by 49 U.S.C. 332: Provided, That tember 30, 2003; and $325,200,000 for the Inte- National Defense Authorization Act, and for

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.127 pfrm04 PsN: S19PT1 S7974 CONGRESSIONAL RECORD — SENATE July 19, 2001 payments for medical care of retired per- manned auxiliary flight service station in Fund and to remain available until ex- sonnel and their dependents under the De- the contiguous United States. pended: Provided, That none of the funds pendents Medical Care Act (10 U.S.C. ch. 55), FACILITIES AND EQUIPMENT under this heading shall be available for the $876,346,000. planning or execution of programs the obli- (AIRPORT AND AIRWAY TRUST FUND) RESERVE TRAINING gations for which are in excess of For necessary expenses, not otherwise pro- (INCLUDING TRANSFER OF FUNDS) $3,300,000,000 in fiscal year 2002, notwith- vided for, for acquisition, establishment, and standing section 47117(h) of title 49, United For all necessary expenses of the Coast improvement by contract or purchase, and States Code: Provided further, That notwith- Guard Reserve, as authorized by law; main- hire of air navigation and experimental fa- standing any other provision of law, not tenance and operation of facilities; and sup- cilities and equipment as authorized under more than $64,597,000 of funds limited under plies, equipment, and services, $83,194,000: part A of subtitle VII of title 49, United this heading shall be obligated for adminis- Provided, That no more than $25,800,000 of States Code, including initial acquisition of tration: Provided further, That of the funds funds made available under this heading may necessary sites by lease or grant; engineer- under this heading, not more than $10,000,000 be transferred to Coast Guard ‘‘Operating ex- ing and service testing, including construc- may be available to carry out the Essential penses’’ or otherwise made available to reim- tion of test facilities and acquisition of nec- Air Service program under subchapter II of burse the Coast Guard for financial support essary sites by lease or grant; construction chapter 417 of title 49 U.S.C., pursuant to sec- of the Coast Guard Reserve: Provided further, and furnishing of quarters and related ac- tion 41742(a) of such title. That none of the funds in this Act may be commodations for officers and employees of used by the Coast Guard to assess direct the Federal Aviation Administration sta- GRANTS-IN-AID FOR AIRPORTS charges on the Coast Guard Reserves for tioned at remote localities where such ac- (AIRPORT AND AIRWAY TRUST FUND) items or activities which were not so commodations are not available; and the (RESCISSION OF CONTRACT AUTHORIZATION) charged during fiscal year 1997. purchase, lease, or transfer of aircraft from Of the unobligated balances authorized RESEARCH, DEVELOPMENT, TEST, AND funds available under this heading; to be de- under 49 U.S.C. 48103, as amended, $301,720,000 EVALUATION rived from the Airport and Airway Trust are rescinded. Fund, $2,914,000,000, of which $2,536,900,000 For necessary expenses, not otherwise pro- SMALL COMMUNITY AIR SERVICE shall remain available until September 30, vided for, for applied scientific research, de- DEVELOPMENT velopment, test, and evaluation; mainte- 2004, and of which $377,100,000 shall remain For necessary expenses to carry out the nance, rehabilitation, lease and operation of available until September 30, 2002: Provided, Small Community Air Service Development facilities and equipment, as authorized by That there may be credited to this appro- Pilot Program under section 41743 of title 49 law, $21,722,000, to remain available until ex- priation funds received from States, coun- U.S.C., $20,000,000, to remain available until pended, of which $3,492,000 shall be derived ties, municipalities, other public authorities, expended. from the Oil Spill Liability Trust Fund: Pro- and private sources, for expenses incurred in vided, That there may be credited to and the establishment and modernization of air AVIATION INSURANCE REVOLVING FUND used for the purposes of this appropriation navigation facilities: Provided further, That The Secretary of Transportation is hereby funds received from State and local govern- upon initial submission to the Congress of authorized to make such expenditures and ments, other public authorities, private the fiscal year 2003 President’s budget, the investments, within the limits of funds sources, and foreign countries, for expenses Secretary of Transportation shall transmit available pursuant to 49 U.S.C. 44307, and in incurred for research, development, testing, to the Congress a comprehensive capital in- accordance with section 104 of the Govern- and evaluation. vestment plan for the Federal Aviation Ad- ment Corporation Control Act, as amended FEDERAL AVIATION ADMINISTRATION ministration which includes funding for each (31 U.S.C. 9104), as may be necessary in car- budget line item for fiscal years 2003 through rying out the program for aviation insurance OPERATIONS 2007, with total funding for each year of the activities under chapter 443 of title 49, For necessary expenses of the Federal plan constrained to the funding targets for United States Code. Aviation Administration, not otherwise pro- those years as estimated and approved by FEDERAL HIGHWAY ADMINISTRATION vided for, including operations and research the Office of Management and Budget: Pro- LIMITATION ON ADMINISTRATIVE EXPENSES activities related to commercial space trans- vided further, That the amount herein appro- portation, administrative expenses for re- priated shall be reduced by $100,000 per day Necessary expenses for administration and search and development, establishment of for each day after initial submission of the operation of the Federal Highway Adminis- air navigation facilities, the operation (in- President’s budget that the plan has not tration, not to exceed $316,521,000 shall be cluding leasing) and maintenance of aircraft, been submitted to the Congress. paid in accordance with law from appropria- subsidizing the cost of aeronautical charts tions made available by this Act to the Fed- RESEARCH, ENGINEERING, AND DEVELOPMENT and maps sold to the public, lease or pur- eral Highway Administration together with chase of passenger motor vehicles for re- (AIRPORT AND AIRWAY TRUST FUND) advances and reimbursements received by placement only, in addition to amounts For necessary expenses, not otherwise pro- the Federal Highway Administration: Pro- made available by Public Law 104–264, vided for, for research, engineering, and de- vided, That of the funds available under sec- $6,916,000,000, of which $5,777,219,000 shall be velopment, as authorized under part A of tion 104(a) of title 23, United States Code: derived from the Airport and Airway Trust subtitle VII of title 49, United States Code, $7,500,000 shall be available for ‘‘Child Pas- Fund: Provided, That there may be credited including construction of experimental fa- senger Protection Education Grants’’ under to this appropriation funds received from cilities and acquisition of necessary sites by section 2003(b) of Public Law 105–178, as States, counties, municipalities, foreign au- lease or grant, $195,808,000, to be derived from amended; $7,000,000 shall be available for thorities, other public authorities, and pri- the Airport and Airway Trust Fund and to motor carrier safety research; and $11,000,000 vate sources, for expenses incurred in the remain available until September 30, 2004: shall be available for the motor carrier crash provision of agency services, including re- Provided, That there may be credited to this data improvement program, the commercial ceipts for the maintenance and operation of appropriation funds received from States, driver’s license improvement program, and air navigation facilities, and for issuance, re- counties, municipalities, other public au- the motor carrier 24-hour telephone hotline. thorities, and private sources, for expenses newal or modification of certificates, includ- FEDERAL-AID HIGHWAYS ing airman, aircraft, and repair station cer- incurred for research, engineering, and de- tificates, or for tests related thereto, or for velopment. (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) processing major repair or alteration forms: GRANTS-IN-AID FOR AIRPORTS Provided further, That of the funds appro- (LIQUIDATION OF CONTRACT AUTHORIZATION) None of the funds in this Act shall be priated under this heading, not less than available for the implementation or execu- $6,000,000 shall be for the contract tower (LIMITATION ON OBLIGATIONS) tion of programs, the obligations for which cost-sharing program: Provided further, That (AIRPORT AND AIRWAY TRUST FUND) are in excess of $31,919,103,000 for Federal-aid funds may be used to enter into a grant For liquidation of obligations incurred for highways and highway safety construction agreement with a nonprofit standard-setting grants-in-aid for airport planning and devel- programs for fiscal year 2002: Provided, That organization to assist in the development of opment, and noise compatibility planning within the $31,919,103,000 obligation limita- aviation safety standards: Provided further, and programs as authorized under sub- tion on Federal-aid highways and highway That none of the funds in this Act shall be chapter I of chapter 471 and subchapter I of safety construction programs, not more than available for new applicants for the second chapter 475 of title 49, United States Code, $447,500,000 shall be available for the imple- career training program: Provided further, and under other law authorizing such obliga- mentation or execution of programs for That none of the funds in this Act shall be tions; for administration of such programs transportation research (sections 502, 503, available for paying premium pay under 5 and of programs under section 40117 of such 504, 506, 507, and 508 of title 23, United States U.S.C. 5546(a) to any Federal Aviation Ad- title; and for inspection activities and ad- Code, as amended; section 5505 of title 49, ministration employee unless such employee ministration of airport safety programs, in- United States Code, as amended; and sec- actually performed work during the time cluding those related to airport operating tions 5112 and 5204–5209 of Public Law 105–178) corresponding to such premium pay: Provided certificates under section 44706 of title 49, for fiscal year 2002: Provided further, That further, That none of the funds in this Act United States Code, $1,800,000,000, to be de- within the $225,000,000 obligation limitation may be obligated or expended to operate a rived from the Airport and Airway Trust on Intelligent Transportation Systems, the

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.128 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7975

following sums shall be made available for amended; $230,681,878 shall be set aside for (RESCISSION) Intelligent Transportation System projects the programs authorized under sections 1118 Of the unobligated balances authorized in the following specified areas: and 1119 of the Transportation Equity Act under 23 U.S.C. 104(a)(1)(B), $6,665,342 are re- Indiana Statewide, $1,500,000; for the 21st Century, as amended; $2,468,424 scinded. Southeast Corridor, Colorado, $9,900,000; shall be set aside for the projects authorized NATIONAL MOTOR CARRIER SAFETY PROGRAM Jackson Metropolitan, Mississippi, by section 218 of title 23, United States Code; $1,000,000; $13,129,913 shall be set aside for the program (LIQUIDATION OF CONTRACT AUTHORIZATION) Harrison County, Mississippi, $1,000,000; authorized under section 118(c) of title 23, (LIMITATION ON OBLIGATIONS) Indiana, SAFE–T, $3,000,000; United States Code; $13,129,913 shall be set (HIGHWAY TRUST FUND) Maine Statewide (Rural), $1,000,000; aside for the program authorized under sec- (INCLUDING RESCISSION OF CONTRACT Atlanta Metropolitan GRTA, Georgia, tion 144(g) of title 23, United States Code; AUTHORIZATION) $1,000,000; $55,000,000 shall be set aside for the program Moscow, Idaho, $2,000,000; authorized under section 1221 of the Trans- For payment of obligations incurred in Washington Metropolitan Region, portation Equity Act for the 21st Century, as carrying out 49 U.S.C. 31102, 31106 and 31309, $4,000,000; amended; $100,000,000 shall be set aside to $204,837,000, to be derived from the Highway Travel Network, South Dakota, $3,200,000; carry out a matching grant program to pro- Trust Fund and to remain available until ex- Central Ohio, $3,000,000; mote access to alternative methods of trans- pended: Provided, That none of the funds in Delaware Statewide, $4,000,000; portation; $45,000,000 shall be set aside to this Act shall be available for the implemen- Santa Teresa, New Mexico, $1,500,000; carry out a pilot program that promotes in- tation or execution of programs the obliga- Fargo, North Dakota, $1,500,000; novative transportation solutions for people tions for which are in excess of $183,059,000 Illinois statewide, $3,750,000; with disabilities; and $23,896,000 shall be set for ‘‘Motor Carrier Safety Grants’’, and ‘‘In- Forsyth, Guilford Counties, North Caro- aside and transferred to the Federal Motor formation Systems’’: Provided further, That lina, $2,000,000; Carrier Safety Administration as authorized notwithstanding any other provision of law, Durham, Wake Counties, North Carolina, by section 102 of Public Law 106–159: Provided of the $22,837,000 provided under 23 U.S.C. 110, $1,000,000; further, That, of the funds to be apportioned $18,000,000 shall be for border State grants Chattanooga, Tennessee, $2,380,000; to each State under section 110 for fiscal and $4,837,000 shall be for State commercial Nebraska Statewide, $5,000,000; year 2002, the Secretary shall ensure that driver’s license program improvements. South Carolina Statewide, $7,000,000; such funds are apportioned for the programs Of the unobligated balances authorized Texas Statewide, $4,000,000; authorized under sections 1101(a)(1), under 49 U.S.C. 31102, 31106, and 31309, Hawaii Statewide, $1,750,000; 1101(a)(2), 1101(a)(3), 1101(a)(4), and 1101(a)(5) $2,332,546 are rescinded. Wisconsin Statewide, $2,000,000; of the Transportation Equity Act for the 21st NATIONAL HIGHWAY TRAFFIC SAFETY Arizona Statewide EMS, $1,000,000; Century, as amended, in the same ratio that ADMINISTRATION Vermont Statewide (Rural), $1,500,000; each State is apportioned funds for such pro- OPERATIONS AND RESEARCH Rutland, Vermont, $1,200,000; grams in fiscal year 2002 but for this section. For expenses necessary to discharge the Detroit, Michigan (Airport), $4,500,000; FEDERAL-AID HIGHWAYS functions of the Secretary, with respect to Macomb, Michigan (border crossing), traffic and highway safety under chapter 301 $2,000,000; (LIQUIDATION OF CONTRACT AUTHORIZATION) of title 49, United States Code, and part C of Sacramento, California, $6,000,000; (HIGHWAY TRUST FUND) subtitle VI of title 49, United States Code, Lexington, Kentucky, $1,500,000; Notwithstanding any other provision of $132,000,000 of which $96,360,000 shall remain Maryland Statewide, $2,000,000; law, for carrying out the provisions of title available until September 30, 2004: Provided, Clark County, Washington, $1,000,000; 23, United States Code, that are attributable That none of the funds appropriated by this Washington Statewide, $6,000,000; to Federal-aid highways, including the Na- Act may be obligated or expended to plan, fi- Southern Nevada (bus), $2,200,000; tional Scenic and Recreational Highway as nalize, or implement any rulemaking to add Santa Anita, California, $1,000,000; authorized by 23 U.S.C. 148, not otherwise to section 575.104 of title 49 of the Code of Las Vegas, Nevada, $3,000,000; provided, including reimbursement for sums Federal Regulations any requirement per- North Greenbush, New York, $2,000,000; expended pursuant to the provisions of 23 taining to a grading standard that is dif- New York, New Jersey, Connecticut U.S.C. 308, $30,000,000,000 or so much thereof ferent from the three grading standards (TRANSCOM), $7,000,000; as may be available in and derived from the (treadwear, traction, and temperature resist- Crash Notification, Alabama, $2,500,000; Highway Trust Fund, to remain available ance) already in effect. Philadelphia, Pennsylvania (Drexel), until expended. $3,000,000; OPERATIONS AND RESEARCH APPALACHIAN DEVELOPMENT HIGHWAY Pennsylvania Statewide (Turnpike), (LIQUIDATION OF CONTRACT AUTHORIZATION) SYSTEM $1,000,000; (LIMITATION ON OBLIGATIONS) Alaska Statewide, $3,000,000; For necessary expenses for the Appa- St. Louis, Missouri, $1,500,000; lachian Development Highway System as au- (HIGHWAY TRUST FUND) Wisconsin Communications Network, thorized under Section 1069(y) of Public Law (INCLUDING RESCISSION OF CONTRACT $620,000: 102–240, as amended, $350,000,000, to remain AUTHORIZATION) Provided further, That, notwithstanding any available until expended. For payment of obligations incurred in other provision of law, funds authorized STATE INFRASTRUCTURE BANKS carrying out the provisions of 23 U.S.C. 403, under section 110 of title 23, United States to remain available until expended, (RESCISSION) Code, for fiscal year 2002 shall be apportioned $72,000,000, to be derived from the Highway to the States in accordance with the dis- Of the funds made available for State In- Trust Fund: Provided, That none of the funds tribution set forth in section 110(b)(4)(A) and frastructure Banks in Public Law 104–205, in this Act shall be available for the plan- (B) of title 23, United States Code, except $5,750,000 are rescinded. ning or execution of programs the total obli- that before such apportionments are made, FEDERAL MOTOR CARRIER SAFETY gations for which, in fiscal year 2002, are in $35,565,651 shall be set aside for the program ADMINISTRATION excess of $72,000,000 for programs authorized authorized under section 1101(a)(8)(A) of the MOTOR CARRIER SAFETY under 23 U.S.C. 403. Transportation Equity Act for the 21st Cen- Of the unobligated balances authorized tury, as amended, and section 204 of title 23, LIMITATION ON ADMINISTRATIVE EXPENSES under 23 U.S.C. 403, $1,516,000 are rescinded. United States Code; $31,815,091 shall be set (INCLUDING RESCISSION OF FUNDS) aside for the program authorized under sec- NATIONAL DRIVER REGISTER tion 1101(a)(8)(B) of the Transportation Eq- For necessary expenses for administration (HIGHWAY TRUST FUND) of motor carrier safety programs and motor uity Act for the 21st Century, as amended, For expenses necessary to discharge the carrier safety research, pursuant to section and section 204 of title 23, United States functions of the Secretary with respect to 104(a)(1)(B) of title 23, United States Code, Code; $21,339,391 shall be set aside for the the National Driver Register under chapter not to exceed $105,000,000 shall be paid in ac- program authorized under section 303 of title 49, United States Code, $2,000,000, cordance with law from appropriations made 1101(a)(8)(C) of the Transportation Equity to be derived from the Highway Trust Fund, available by this Act and from any available Act for the 21st Century, as amended, and and to remain available until expended. section 204 of title 23, United States Code; take-down balances to the Federal Motor $2,586,593 shall be set aside for the program Carrier Safety Administration, together HIGHWAY TRAFFIC SAFETY GRANTS authorized under section 1101(a)(8)(D) of the with advances and reimbursements received (LIQUIDATION OF CONTRACT AUTHORIZATION) Transportation Equity Act for the 21st Cen- by the Federal Motor Carrier Safety Admin- (LIMITATION ON OBLIGATIONS) tury, as amended, and section 204 of title 23, istration, of which $5,000,000 is for the motor (HIGHWAY TRUST FUND) United States Code; $4,989,367 shall be set carrier safety operations program: Provided, aside for the program authorized under sec- That such amounts shall be available to (INCLUDING RESCISSION OF CONTRACT tion 129(c) of title 23, United States Code, carry out the functions and operations of the AUTHORIZATION) and section 1064 of the Intermodal Surface Federal Motor Carrier Safety Administra- Notwithstanding any other provision of Transportation Efficiency Act of 1991, as tion. law, for payment of obligations incurred in

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.128 pfrm04 PsN: S19PT1 S7976 CONGRESSIONAL RECORD — SENATE July 19, 2001 carrying out the provisions of 23 U.S.C. 402, loan guarantee commitments shall be made 5314, 5315, and 5322, $23,000,000, to remain 405, 410, and 411 to remain available until ex- using Federal funds for the credit risk pre- available until expended: Provided, That no pended, $223,000,000, to be derived from the mium during fiscal year 2002. more than $116,000,000 of budget authority Highway Trust Fund: Provided, That none of NEXT GENERATION HIGH-SPEED RAIL shall be available for these purposes: Pro- the funds in this Act shall be available for vided further, That $5,250,000 is available to For necessary expenses for the Next Gen- the planning or execution of programs the provide rural transportation assistance (49 eration High-Speed Rail program as author- total obligations for which, in fiscal year U.S.C. 5311(b)(2)), $4,000,000 is available to ized under 49 U.S.C. 26101 and 26102, 2002, are in excess of $223,000,000 for programs carry out programs under the National Tran- $40,000,000, to remain available until ex- authorized under 23 U.S.C. 402, 405, 410, and sit Institute (49 U.S.C. 5315), $8,250,000 is pended. 411 of which $160,000,000 shall be for ‘‘High- available to carry out transit cooperative re- way Safety Programs’’ under 23 U.S.C. 402, ALASKA RAILROAD REHABILITATION search programs (49 U.S.C. 5313(a)), $55,422,400 $15,000,000 shall be for ‘‘Occupant Protection To enable the Secretary of Transportation is available for metropolitan planning (49 Incentive Grants’’ under 23 U.S.C. 405, to make grants to the Alaska Railroad, U.S.C. 5303, 5304, and 5305), $11,577,600 is avail- $38,000,000 shall be for ‘‘Alcohol-Impaired $20,000,000 shall be for capital rehabilitation able for State planning (49 U.S.C. 5313(b)); Driving Countermeasures Grants’’ under 23 and improvements benefiting its passenger and $31,500,000 is available for the national U.S.C. 410, and $10,000,000 shall be for the operations, to remain available until ex- planning and research program (49 U.S.C. ‘‘State Highway Safety Data Grants’’ under pended. 5314). 23 U.S.C. 411: Provided further, That none of NATIONAL RAIL DEVELOPMENT AND TRUST FUND SHARE OF EXPENSES these funds shall be used for construction, REHABILITATION (LIQUIDATION OF CONTRACT AUTHORIZATION) rehabilitation, or remodeling costs, or for of- To enable the Secretary to make grants fice furnishings and fixtures for State, local, (HIGHWAY TRUST FUND) and enter into contracts for the development or private buildings or structures: Provided Notwithstanding any other provision of and rehabilitation of freight and passenger further, That not to exceed $8,000,000 of the law, for payment of obligations incurred in rail infrastructure, $12,000,000, to remain funds made available for section 402, not to carrying out 49 U.S.C. 5303–5308, 5310–5315, available until expended. exceed $750,000 of the funds made available 5317(b), 5322, 5327, 5334, 5505, and sections 3037 for section 405, not to exceed $1,900,000 of the CAPITAL GRANTS TO THE NATIONAL RAILROAD and 3038 of Public Law 105–178, $5,397,800,000, funds made available for section 410, and not PASSENGER CORPORATION to remain available until expended, and to be to exceed $500,000 of the funds made available For necessary expenses of capital improve- derived from the Mass Transit Account of for section 411 shall be available to NHTSA ments of the National Railroad Passenger the Highway Trust Fund: Provided, That for administering highway safety grants Corporation as authorized by 49 U.S.C. $2,873,600,000 shall be paid to the Federal under chapter 4 of title 23, United States 24104(a), $521,476,000, to remain available Transit Administration’s formula grants ac- Code: Provided further, That not to exceed until expended. count: Provided further, That $93,000,000 shall be paid to the Federal Transit Administra- $500,000 of the funds made available for sec- FEDERAL TRANSIT ADMINISTRATION tion 410 ‘‘Alcohol-Impaired Driving Counter- tion’s transit planning and research account: ADMINISTRATIVE EXPENSES measures Grants’’ shall be available for tech- Provided further, That $53,600,000 shall be paid nical assistance to the States. For necessary administrative expenses of to the Federal Transit Administration’s ad- Of the unobligated balances authorized the Federal Transit Administration’s pro- ministrative expenses account: Provided fur- under 23 U.S.C. 402, 405, 410, and 411, $468,600 grams authorized by chapter 53 of title 49, ther, That $4,800,000 shall be paid to the Fed- are rescinded. United States Code, $13,400,000: Provided, eral Transit Administration’s university FEDERAL RAILROAD ADMINISTRATION That no more than $67,000,000 of budget au- transportation research account: Provided thority shall be available for these purposes: further, That $100,000,000 shall be paid to the SAFETY AND OPERATIONS Provided further, That of the funds in this Federal Transit Administration’s job access For necessary expenses of the Federal Rail- Act available for execution of contracts and reverse commute grants program: Pro- road Administration, not otherwise provided under section 5327(c) of title 49, United vided further, That $2,272,800,000 shall be paid for, $111,357,000, of which $6,159,000 shall re- States Code, $2,000,000 shall be reimbursed to to the Federal Transit Administration’s cap- main available until expended: Provided, the Department of Transportation’s Office of ital investment grants account. That, as part of the Washington Union Sta- Inspector General for costs associated with CAPITAL INVESTMENT GRANTS tion transaction in which the Secretary as- audits and investigations of transit-related (INCLUDING TRANSFER OF FUNDS) sumed the first deed of trust on the property issues, including reviews of new fixed guide- For necessary expenses to carry out 49 and, where the Union Station Redevelop- way systems: Provided further, That not to U.S.C. 5308, 5309, 5318, and 5327, $668,200,000, to ment Corporation or any successor is obli- exceed $2,600,000 for the National Transit remain available until expended: Provided, gated to make payments on such deed of Database shall remain available until ex- That no more than $2,941,000,000 of budget trust on the Secretary’s behalf, including pended. payments on and after September 30, 1988, authority shall be available for these pur- FORMULA GRANTS the Secretary is authorized to receive such poses: Provided further, That notwithstanding payments directly from the Union Station For necessary expenses to carry out 49 any other provision of law, there shall be Redevelopment Corporation, credit them to U.S.C. 5307, 5308, 5310, 5311, 5327, and section available for fixed guideway modernization, the appropriation charged for the first deed 3038 of Public Law 105–178, $718,400,000, to re- $1,136,400,000; there shall be available for the of trust, and make payments on the first main available until expended: Provided, replacement, rehabilitation, and purchase of deed of trust with those funds: Provided fur- That no more than $3,592,000,000 of budget buses and related equipment and the con- ther, That such additional sums as may be authority shall be available for these pur- struction of bus-related facilities, $568,200,000 necessary for payment on the first deed of poses: Provided further, That, notwith- together with $50,000,000 transferred from trust may be advanced by the Administrator standing any other provision of law, of the ‘‘Federal Transit Administration, Formula from unobligated balances available to the funds provided under this heading, $5,000,000 grants’’; and there shall be available for new Federal Railroad Administration, to be reim- shall be available for grants for the costs of fixed guideway systems $1,236,400,000, to be bursed from payments received from the planning, delivery, and temporary use of available for transit new starts; to be avail- Union Station Redevelopment Corporation. transit vehicles for special transportation able as follows: needs and construction of temporary trans- $192,492 for Denver, Colorado, Southwest RAILROAD RESEARCH AND DEVELOPMENT portation facilities for the VIII Paralympiad corridor light rail transit project; For necessary expenses for railroad re- for the Disabled, to be held in Salt Lake $3,000,000 for Northeast Indianapolis down- search and development, $30,325,000, to re- City, Utah: Provided further, That in allo- town corridor project; main available until expended. cating the funds designated in the preceding $3,000,000 for Northern Indiana South Shore RAILROAD REHABILITATION AND IMPROVEMENT proviso, the Secretary shall make grants commuter rail project; PROGRAM only to the Utah Department of Transpor- $15,000,000 for Salt Lake City, Utah, CBD to The Secretary of Transportation is author- tation, and such grants shall not be subject University light rail transit project; ized to issue to the Secretary of the Treas- to any local share requirement or limitation $6,000,000 for Salt Lake City, Utah, Univer- ury notes or other obligations pursuant to on operating assistance under this Act or the sity Medical Center light rail transit exten- section 512 of the Railroad Revitalization Federal Transit Act, as amended. sion project; and Regulatory Reform Act of 1976 (Public UNIVERSITY TRANSPORTATION RESEARCH $2,000,000 for Salt Lake City, Utah, Ogden- Law 94–210), as amended, in such amounts Provo commuter rail project; For necessary expenses to carry out 49 and at such times as may be necessary to $4,000,000 for Wilmington, Delaware, Tran- U.S.C. 5505, $1,200,000, to remain available pay any amounts required pursuant to the sit Corridor project; until expended: Provided, That no more than guarantee of the principal amount of obliga- $500,000 for Yosemite Area Regional Trans- $6,000,000 of budget authority shall be avail- tions under sections 511 through 513 of such portation System project; able for these purposes. Act, such authority to exist as long as any $60,000,000 for Denver, Colorado, Southeast such guaranteed obligation is outstanding: TRANSIT PLANNING AND RESEARCH corridor light rail transit project; Provided, That pursuant to section 502 of For necessary expenses to carry out 49 $10,000,000 for Kansas City, Missouri, Cen- such Act, as amended, no new direct loans or U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), tral Corridor Light Rail transit project;

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.128 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7977 $25,000,000 for Atlanta, Georgia, MARTA $14,000,000 for Maryland, MARC commuter the Harbor Maintenance Trust Fund, pursu- extension project; rail improvements projects; ant to Public Law 99–662. $2,000,000 for Maine Marine Highway devel- $3,000,000 for Baltimore, Maryland rail RESEARCH AND SPECIAL PROGRAMS opment project; transit project; ADMINISTRATION $151,069,771 for New Jersey, Hudson-Bergen $60,000,000 for Largo, Maryland, metrorail RESEARCH AND SPECIAL PROGRAMS light rail transit project; extension project; For expenses necessary to discharge the $20,000,000 for Newark-Elizabeth, New Jer- $18,110,000 for Baltimore, Maryland, central functions of the Research and Special Pro- sey, rail link project; light rail transit double track project; grams Administration, $41,993,000, of which $3,000,000 for New Jersey Urban Core New- $24,500,000 for Puget Sound, Washington, $645,000 shall be derived from the Pipeline ark Penn Station improvements project; Sounder commuter rail project; Safety Fund, and of which $5,434,000 shall re- $7,000,000 for Cleveland, Ohio, Euclid cor- $30,000,000 for Fort Lauderdale, Florida, main available until September 30, 2004: Pro- ridor extension project; Tri-County commuter rail project; vided, That up to $1,200,000 in fees collected $2,000,000 for Albuquerque, New Mexico, $8,000,000 for Pawtucket-TF Green, Rhode under 49 U.S.C. 5108(g) shall be deposited in light rail project; Island, commuter rail and maintenance fa- the general fund of the Treasury as offset- $35,000,000 for Chicago, Illinois, Douglas cility project; ting receipts: Provided further, That there branch reconstruction project; $1,500,000 for Johnson County, Kansas, may be credited to this appropriation, to be $5,000,000 for Chicago, Illinois, Ravenswood commuter rail project; available until expended, funds received from line extension project; $20,000,000 for Long Island Railroad, New States, counties, municipalities, other public $24,223,268 for St. Louis, Missouri, York, east side access project; authorities, and private sources for expenses Metrolink St. Clair extension project; $3,000,000 for New York, New York, Second incurred for training, for reports publication $30,000,000 for Chicago, Illinois, Metra Avenue subway project; and dissemination, and for travel expenses North central, South West, Union Pacific $4,000,000 for Birmingham, Alabama, tran- commuter project; incurred in performance of hazardous mate- sit corridor project; rials exemptions and approvals functions. $10,000,000 for Charlotte, North Carolina, $5,000,000 for Nashua, New Hampshire-Low- PIPELINE SAFETY South corridor light rail transit project; ell, Massachusetts, commuter rail project; $9,000,000 for Raleigh, North Carolina, Tri- $10,000,000 for Pittsburgh, Pennsylvania, (PIPELINE SAFETY FUND) angle transit project; North Shore connector light rail extension (OIL SPILL LIABILITY TRUST FUND) $65,000,000 for San Diego, California, Mis- project; For expenses necessary to conduct the sion Valley East light rail transit extension $16,000,000 for Philadelphia, Pennsylvania, functions of the pipeline safety program, for project; Schuykill Valley metro project; grants-in-aid to carry out a pipeline safety $10,000,000 for Los Angeles, California, East $20,000,000 for Pittsburgh, Pennsylvania, program, as authorized by 49 U.S.C. 60107, Side corridor light rail transit project; stage II light rail transit reconstruction and to discharge the pipeline program re- $80,605,331 for San Francisco, California, project; sponsibilities of the Oil Pollution Act of 1990, BART extension project; $2,500,000 for Scranton, Pennsylvania, rail $58,750,000, of which $11,472,000 shall be de- $9,289,557 for Los Angeles, California, North service to New York City project; rived from the Oil Spill Liability Trust Fund Hollywood extension project; $2,500,000 for Wasilla, Alaska, alternate and shall remain available until September $5,000,000 for Stockton, California, route project; 30, 2003; of which $47,278,000 shall be derived Altamont commuter rail project; $1,000,000 for Ohio, Central Ohio North Cor- from the Pipeline Safety Fund, of which $113,336 for San Jose, California, Tasman ridor rail (COTA) project; $30,828,000 shall remain available until Sep- West, light rail transit project; $4,000,000 for Virginia, VRE station im- tember 30, 2004. $6,000,000 for Nashville, Tennessee, Com- provements project; EMERGENCY PREPAREDNESS GRANTS muter rail project; $50,000,000 for Twin Cities, Minnesota, Hia- $19,170,000 for Memphis, Tennessee, Medical (EMERGENCY PREPAREDNESS FUND) watha Corridor light rail transit project; Center rail extension project; For necessary expenses to carry out 49 $70,000,000 for Portland, Oregon, Interstate $150,000 for Des Moines, Iowa, DSM bus fea- U.S.C. 5127(c), $200,000, to be derived from the sibility project; MAX light rail transit extension project; Emergency Preparedness Fund, to remain $100,000 for Macro Vision Pioneer, Iowa, $50,149,000 for San Juan, Tren Urbano available until September 30, 2004: Provided, light rail feasibility project; project; That not more than $14,300,000 shall be made $3,500,000 for Sioux City, Iowa, light rail $10,296,000 for Alaska and Hawaii Ferry available for obligation in fiscal year 2002 project; projects. from amounts made available by 49 U.S.C. $300,000 for Dubuque, Iowa, light rail feasi- JOB ACCESS AND REVERSE COMMUTE GRANTS 5116(i) and 5127(d): Provided further, That bility project; Notwithstanding section 3037(l)(3) of Public none of the funds made available by 49 U.S.C. $2,000,000 for Charleston, South Carolina, Law 105–178, as amended, for necessary ex- 5116(i) and 5127(d) shall be made available for Monobeam project; penses to carry out section 3037 of the Fed- obligation by individuals other than the Sec- $5,000,000 for Anderson County, South Caro- eral Transit Act of 1998, $25,000,000, to remain retary of Transportation, or his designee. lina, transit system project; available until expended: Provided, That no OFFICE OF INSPECTOR GENERAL $70,000,000 for Dallas, Texas, North central more than $125,000,000 of budget authority SALARIES AND EXPENSES light rail transit extension project; shall be available for these purposes: Pro- For necessary expenses of the Office of In- $25,000,000 for Houston, Texas, Metro ad- vided further, That up to $250,000 of the funds spector General to carry out the provisions vanced transit plan project; provided under this heading may be used by of the Inspector General Act of 1978, as $4,000,000 for Fort Worth, Texas, Trinity the Federal Transit Administration for tech- amended, $50,614,000: Provided, That the In- railway express project; nical assistance and support and perform- spector General shall have all necessary au- $12,000,000 for Honolulu, Hawaii, Bus rapid ance reviews of the Job Access and Reverse thority, in carrying out the duties specified transit project; Commute Grants program. in the Inspector General Act, as amended (5 $10,631,245 for Boston, Massachusetts, SAINT LAWRENCE SEAWAY U.S.C. App. 3) to investigate allegations of South Boston Piers transitway project; DEVELOPMENT CORPORATION fraud, including false statements to the gov- $1,000,000 for Boston, Massachusetts, Urban SAINT LAWRENCE SEAWAY DEVELOPMENT ernment (18 U.S.C. 1001), by any person or en- ring transit project; CORPORATION tity that is subject to regulation by the De- $4,000,000 for Kenosha-Racine, Milwaukee The Saint Lawrence Seaway Development partment: Provided further, That the funds Wisconsin, commuter rail extension project; Corporation is hereby authorized to make made available under this heading shall be $23,000,000 for New Orleans, Louisiana, such expenditures, within the limits of funds used to investigate, pursuant to section 41712 Canal Street car line project; and borrowing authority available to the of title 49, United States Code: (1) unfair or $7,000,000 for New Orleans, Louisiana, Air- Corporation, and in accord with law, and to deceptive practices and unfair methods of port CBD commuter rail project; make such contracts and commitments with- competition by domestic and foreign air car- $3,000,000 for Burlington, Vermont, Bur- out regard to fiscal year limitations as pro- riers and ticket agents; and (2) the compli- lington to Middlebury rail line project; vided by section 104 of the Government Cor- ance of domestic and foreign air carriers $1,000,000 for Detroit, Michigan, light rail poration Control Act, as amended, as may be with respect to item (1) of this proviso. airport link project; necessary in carrying out the programs set $1,500,000 for Grand Rapids, Michigan, ITP SURFACE TRANSPORTATION BOARD forth in the Corporation’s budget for the cur- metro area, major corridor project; SALARIES AND EXPENSES rent fiscal year. $500,000 for Iowa, Metrolink light rail feasi- For necessary expenses of the Surface bility project; OPERATIONS AND MAINTENANCE Transportation Board, including services au- $6,000,000 for Fairfield, Connecticut, Com- (HARBOR MAINTENANCE TRUST FUND) thorized by 5 U.S.C. 3109, $18,457,000: Provided, muter rail project; For necessary expenses for operations and That notwithstanding any other provision of $4,000,000 for Stamford, Connecticut, Urban maintenance of those portions of the Saint law, not to exceed $950,000 from fees estab- transitway project; Lawrence Seaway operated and maintained lished by the Chairman of the Surface Trans- $3,000,000 for Little Rock, Arkansas, River by the Saint Lawrence Seaway Development portation Board shall be credited to this ap- rail project; Corporation, $13,345,000, to be derived from propriation as offsetting collections and used

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for necessary and authorized expenses under SEC. 307. The expenditure of any appropria- paragraph (3) by the sums authorized to be this heading: Provided further, That the sum tion under this Act for any consulting serv- appropriated for such program for such fiscal herein appropriated from the general fund ice through procurement contract pursuant year; and shall be reduced on a dollar-for-dollar basis to section 3109 of title 5, United States Code, (6) distribute the obligation limitation pro- as such offsetting collections are received shall be limited to those contracts where vided for Federal-aid Highways less the ag- during fiscal year 2002, to result in a final ap- such expenditures are a matter of public gregate amounts not distributed under para- propriation from the general fund estimated record and available for public inspection, graphs (1) and (2) and amounts distributed at no more than $17,507,000. except where otherwise provided under exist- under paragraphs (4) and (5) for Federal-aid BUREAU OF TRANSPORTATION ing law, or under existing Executive order highways and highway safety construction STATISTICS issued pursuant to existing law. programs (other than the minimum guar- SEC. 308. (a) No recipient of funds made OFFICE OF AIRLINE INFORMATION antee program, but only to the extent that available in this Act shall disseminate per- amounts apportioned for the minimum guar- (AIRPORT AND AIRWAY TRUST FUND) sonal information (as defined in 18 U.S.C. antee program for such fiscal year exceed For necessary expenses of the Office of Air- 2725(3)) obtained by a State department of $2,639,000,000, and the Appalachian develop- line Information, under chapter 111 of title motor vehicles in connection with a motor ment highway system program) that are ap- vehicle record as defined in 18 U.S.C. 2725(1), 49, United States Code, $3,760,000, to be de- portioned by the Secretary under title 23, except as provided in 18 U.S.C. 2721 for a use rived from the Airport and Airway Trust United States Code, in the ratio that— permitted under 18 U.S.C. 2721. Fund as authorized by Section 103(b) of Pub- (A) sums authorized to be appropriated for lic Law 106–181. (b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided such programs that are apportioned to each TITLE II in this Act for any grantee if a State is in State for such fiscal year, bear to RELATED AGENCIES noncompliance with this provision. (B) the total of the sums authorized to be ARCHITECTURAL AND TRANSPOR- SEC. 309. (a) For fiscal year 2002, the Sec- appropriated for such programs that are ap- TATION BARRIERS COMPLIANCE retary of Transportation shall— portioned to all States for such fiscal year. BOARD (1) not distribute from the obligation limi- (b) EXCEPTIONS FROM OBLIGATION LIMITA- TION.—The obligation limitation for Federal- SALARIES AND EXPENSES tation for Federal-aid Highways amounts au- thorized for administrative expenses and pro- aid Highways shall not apply to obligations: For expenses necessary for the Architec- (1) under section 125 of title 23, United States tural and Transportation Barriers Compli- grams funded from the administrative take- down authorized by section 104(a)(1)(A) of Code; (2) under section 147 of the Surface ance Board, as authorized by section 502 of Transportation Assistance Act of 1978; (3) the Rehabilitation Act of 1973, as amended, title 23, United States Code, for the highway use tax evasion program, amounts provided under section 9 of the Federal-Aid Highway $5,015,000: Provided, That, notwithstanding Act of 1981; (4) under sections 131(b) and under section 110 of title 23, United States any other provision of law, there may be 131( j) of the Surface Transportation Assist- Code, and for the Bureau of Transportation credited to this appropriation funds received ance Act of 1982; (5) under sections 149(b) and Statistics; for publications and training expenses. 149(c) of the Surface Transportation and Uni- (2) not distribute an amount from the obli- NATIONAL TRANSPORTATION SAFETY form Relocation Assistance Act of 1987; (6) gation limitation for Federal-aid Highways BOARD under sections 1103 through 1108 of the Inter- that is equal to the unobligated balance of modal Surface Transportation Efficiency Act SALARIES AND EXPENSES amounts made available from the Highway of 1991; (7) under section 157 of title 23, For necessary expenses of the National Trust Fund (other than the Mass Transit Ac- United States Code, as in effect on the day Transportation Safety Board, including hire count) for Federal-aid highways and highway before the date of the enactment of the of passenger motor vehicles and aircraft; safety programs for the previous fiscal year services as authorized by 5 U.S.C. 3109, but at Transportation Equity Act for the 21st Cen- the funds for which are allocated by the Sec- tury; and (8) under section 105 of title 23, rates for individuals not to exceed the per retary; diem rate equivalent to the rate for a GS–15; United States Code (but, only in an amount (3) determine the ratio that— equal to $639,000,000 for such fiscal year). uniforms, or allowances therefor, as author- (A) the obligation limitation for Federal- (c) REDISTRIBUTION OF UNUSED OBLIGATION ized by law (5 U.S.C. 5901–5902) $70,000,000, of aid Highways less the aggregate of amounts AUTHORITY.—Notwithstanding subsection (a), which not to exceed $2,000 may be used for not distributed under paragraphs (1) and (2), the Secretary shall after August 1 for such official reception and representation ex- bears to fiscal year revise a distribution of the obli- penses. (B) the total of the sums authorized to be gation limitation made available under sub- TITLE III—GENERAL PROVISIONS appropriated for Federal-aid highways and section (a) if a State will not obligate the (INCLUDING TRANSFERS OF FUNDS) highway safety construction programs (other amount distributed during that fiscal year than sums authorized to be appropriated for SEC. 301. During the current fiscal year ap- and redistribute sufficient amounts to those plicable appropriations to the Department of sections set forth in paragraphs (1) through States able to obligate amounts in addition Transportation shall be available for mainte- (7) of subsection (b) and sums authorized to to those previously distributed during that nance and operation of aircraft; hire of pas- be appropriated for section 105 of title 23, fiscal year giving priority to those States senger motor vehicles and aircraft; purchase United States Code, equal to the amount re- having large unobligated balances of funds of liability insurance for motor vehicles op- ferred to in subsection (b)(8)) for such fiscal apportioned under sections 104 and 144 of erating in foreign countries on official de- year less the aggregate of the amounts not title 23, United States Code, section 160 (as partment business; and uniforms, or allow- distributed under paragraph (1) of this sub- in effect on the day before the enactment of ances therefore, as authorized by law (5 section; the Transportation Equity Act for the 21st U.S.C. 5901–5902). (4) distribute the obligation limitation for Century) of title 23, United States Code, and SEC. 302. Such sums as may be necessary Federal-aid Highways less the aggregate under section 1015 of the Intermodal Surface for fiscal year 2002 pay raises for programs amounts not distributed under paragraphs Transportation Act of 1991 (105 Stat. 1943– funded in this Act shall be absorbed within (1) and (2) of section 117 of title 23, United 1945). the levels appropriated in this Act or pre- States Code (relating to high priority (d) APPLICABILITY OF OBLIGATION LIMITA- vious appropriations Acts. projects program), section 201 of the Appa- TIONS TO TRANSPORTATION RESEARCH PRO- SEC. 303. Appropriations contained in this lachian Regional Development Act of 1965, GRAMS.—The obligation limitation shall Act for the Department of Transportation the Woodrow Wilson Memorial Bridge Au- apply to transportation research programs shall be available for services as authorized thority Act of 1995, and $2,000,000,000 for such carried out under chapter 5 of title 23, United by 5 U.S.C. 3109, but at rates for individuals fiscal year under section 105 of title 23, States Code, except that obligation author- not to exceed the per diem rate equivalent to United States Code (relating to minimum ity made available for such programs under the rate for an Executive Level IV. guarantee) so that the amount of obligation such limitation shall remain available for a SEC. 304. None of the funds in this Act shall authority available for each of such sections period of 3 fiscal years. be available for salaries and expenses of is equal to the amount determined by multi- (e) REDISTRIBUTION OF CERTAIN AUTHORIZED more than 98 political and Presidential ap- plying the ratio determined under paragraph FUNDS.—Not later than 30 days after the date pointees in the Department of Transpor- (3) by the sums authorized to be appropriated of the distribution of obligation limitation tation. for such section (except in the case of section under subsection (a), the Secretary shall dis- SEC. 305. None of the funds in this Act shall 105, $2,000,000,000) for such fiscal year; tribute to the States any funds: (1) that are be used for the planning or execution of any (5) distribute the obligation limitation pro- authorized to be appropriated for such fiscal program to pay the expenses of, or otherwise vided for Federal-aid Highways less the ag- year for Federal-aid highways programs compensate, non-Federal parties intervening gregate amounts not distributed under para- (other than the program under section 160 of in regulatory or adjudicatory proceedings graphs (1) and (2) and amounts distributed title 23, United States Code) and for carrying funded in this Act. under paragraph (4) for each of the programs out subchapter I of chapter 311 of title 49, SEC. 306. None of the funds appropriated in that are allocated by the Secretary under United States Code, and highway-related this Act shall remain available for obliga- title 23, United States Code (other than ac- programs under chapter 4 of title 23, United tion beyond the current fiscal year, nor may tivities to which paragraph (1) applies and States Code; and (2) that the Secretary de- any be transferred to other appropriations, programs to which paragraph (4) applies) by termines will not be allocated to the States, unless expressly so provided herein. multiplying the ratio determined under and will not be available for obligation, in

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such fiscal year due to the imposition of any SEC. 318. Funds received by the Federal by Congress, be used directly or indirectly to obligation limitation for such fiscal year. Highway Administration, Federal Transit pay for any personal service, advertisement, Such distribution to the States shall be Administration, and Federal Railroad Ad- telegraph, telephone, letter, printed or writ- made in the same ratio as the distribution of ministration from States, counties, munici- ten material, radio, television, video presen- obligation authority under subsection (a)(6). palities, other public authorities, and private tation, electronic communications, or other The funds so distributed shall be available sources for expenses incurred for training device, intended or designed to influence in for any purposes described in section 133(b) may be credited respectively to the Federal any manner a Member of Congress or of a of title 23, United States Code. Highway Administration’s ‘‘Federal-Aid State legislature to favor or oppose by vote (f) SPECIAL RULE.—Obligation limitation Highways’’ account, the Federal Transit Ad- or otherwise, any legislation or appropria- distributed for a fiscal year under subsection ministration’s ‘‘Transit Planning and Re- tion by Congress or a State legislature after (a)(4) of this section for a section set forth in search’’ account, and to the Federal Railroad the introduction of any bill or resolution in subsection (a)(4) shall remain available until Administration’s ‘‘Safety and Operations’’ Congress proposing such legislation or appro- used and shall be in addition to the amount account, except for State rail safety inspec- priation, or after the introduction of any bill of any limitation imposed on obligations for tors participating in training pursuant to 49 or resolution in a State legislature proposing Federal-aid highway and highway safety con- U.S.C. 20105. such legislation or appropriation: Provided, struction programs for future fiscal years. SEC. 319. Effective on the date of enact- That this shall not prevent officers or em- SEC. 310. The limitations on obligations for ment of this Act, of the funds made available ployees of the Department of Transportation the programs of the Federal Transit Admin- under section 1101(a)(12) of Public Law 105– or related agencies funded in this Act from istration shall not apply to any authority 178, as amended, $9,231,000 are rescinded. communicating to Members of Congress or under 49 U.S.C. 5338, previously made avail- SEC. 320. Beginning in fiscal year 2002 and to Congress, on the request of any Member, able for obligation, or to any other authority thereafter, the Secretary may use up to 1 or to members of State legislature, or to a previously made available for obligation. percent of the amounts made available to State legislature, through the proper official SEC. 311. None of the funds in this Act shall carry out 49 U.S.C. 5309 for oversight activi- channels, requests for legislation or appro- be used to implement section 404 of title 23, ties under 49 U.S.C. 5327. priations which they deem necessary for the United States Code. SEC. 321. Funds made available for Alaska efficient conduct of business. SEC. 312. None of the funds in this Act shall or Hawaii ferry boats or ferry terminal fa- SEC. 327. (a) IN GENERAL.—None of the be available to plan, finalize, or implement cilities pursuant to 49 U.S.C. 5309(m)(2)(B) funds made available in this Act may be ex- pended by an entity unless the entity agrees regulations that would establish a vessel may be used to construct new vessels and fa- that in expending the funds the entity will traffic safety fairway less than five miles cilities, or to improve existing vessels and comply with the Buy American Act (41 wide between the Santa Barbara Traffic Sep- facilities, including both the passenger and U.S.C. 10a–10c). aration Scheme and the San Francisco Traf- vehicle-related elements of such vessels and fic Separation Scheme. (b) SENSE OF THE CONGRESS; REQUIREMENT facilities, and for repair facilities: Provided, SEC. 313. Notwithstanding any other provi- REGARDING NOTICE.— That not more than $3,000,000 of the funds sion of law, airports may transfer, without (1) PURCHASE OF AMERICAN-MADE EQUIPMENT made available pursuant to 49 U.S.C. consideration, to the Federal Aviation Ad- AND PRODUCTS.—In the case of any equipment ministration (FAA) instrument landing sys- 5309(m)(2)(B) may be used by the State of Ha- or product that may be authorized to be pur- tems (along with associated approach light- waii to initiate and operate a passenger fer- chased with financial assistance provided ing equipment and runway visual range ryboat services demonstration project to using funds made available in this Act, it is equipment) which conform to FAA design test the viability of different intra-island the sense of the Congress that entities re- and performance specifications, the purchase and inter-island ferry routes. ceiving the assistance should, in expending SEC. 322. Notwithstanding 31 U.S.C. 3302, of which was assisted by a Federal airport- the assistance, purchase only American- funds received by the Bureau of Transpor- aid program, airport development aid pro- made equipment and products to the great- tation Statistics from the sale of data prod- gram or airport improvement program grant. est extent practicable. ucts, for necessary expenses incurred pursu- The Federal Aviation Administration shall (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— ant to 49 U.S.C. 111 may be credited to the accept such equipment, which shall there- In providing financial assistance using funds Federal-aid highways account for the pur- after be operated and maintained by FAA in made available in this Act, the head of each pose of reimbursing the Bureau for such ex- accordance with agency criteria. Federal agency shall provide to each recipi- penses: Provided, That such funds shall be SEC. 314. Notwithstanding any other provi- ent of the assistance a notice describing the subject to the obligation limitation for Fed- sion of law, and except for fixed guideway statement made in paragraph (1) by the Con- eral-aid highways and highway safety con- modernization projects, funds made avail- gress. struction. able by this Act under ‘‘Federal Transit Ad- (c) PROHIBITION OF CONTRACTS WITH PER- SEC. 323. Section 3030(a) of the Transpor- ministration, Capital investment grants’’ for SONS FALSELY LABELING PRODUCTS AS MADE tation Equity Act for the 21st Century (Pub- projects specified in this Act or identified in IN AMERICA.—If it has been finally deter- reports accompanying this Act not obligated lic Law 105–178) is amended by adding at the mined by a court or Federal agency that any by September 30, 2004, and other recoveries, end, the following line: ‘‘Washington Coun- person intentionally affixed a label bearing a shall be made available for other projects ty—Wilsonville to Beaverton commuter ‘‘Made in America’’ inscription, or any in- under 49 U.S.C. 5309. rail.’’. scription with the same meaning, to any SEC. 324. Section 3030(b) of the Transpor- SEC. 315. The Secretary of Transportation product sold in or shipped to the United tation Equity Act for the 21st Century (Pub- shall, in cooperation with the Federal Avia- States that is not made in the United States, lic Law 105–178) is amended by adding at the tion Administrator, encourage a locally de- the person shall be ineligible to receive any end the following: ‘‘Detroit, Michigan Metro- veloped and executed plan between the State contract or subcontract made with funds of Illinois, the City of Chicago, and affected politan Airport rail project.’’. made available in this Act, pursuant to the SEC. 325. None of the funds in this Act may communities for the purpose of modernizing debarment, suspension, and ineligibility pro- be obligated or expended for employee train- O’Hare International Airport, addressing cedures described in sections 9.400 through ing which: (a) does not meet identified needs traffic congestion along the Northwest Cor- 9.409 of title 48, Code of Federal Regulations. for knowledge, skills and abilities bearing di- ridor including western airport access, and SEC. 328. Notwithstanding any other provi- moving forward with a third Chicago-area rectly upon the performance of official du- sion of law, the Commandant of the United airport. If such a plan cannot be developed ties; (b) contains elements likely to induce States Coast Guard shall maintain an on- and executed by said parties, the Secretary high levels of emotional response or psycho- board staffing level at the Coast Guard Yard and the Administrator shall work with Con- logical stress in some participants; (c) does in Curtis Bay, Maryland of not less than 530 gress to enact a federal solution to address not require prior employee notification of full time equivalent civilian employees: Pro- the aviation capacity crisis in the Chicago the content and methods to be used in the vided, That the Commandant may recon- area. training and written end of course evalua- figure his vessel maintenance schedule and SEC. 316. Notwithstanding any other provi- tions; (d) contains any methods or content new construction projects to maximize em- sion of law, any funds appropriated before associated with religious or quasi-religious ployment at the Coast Guard Yard. October 1, 2001, under any section of chapter belief systems or ‘‘new age’’ belief systems SEC. 329. Rebates, refunds, incentive pay- 53 of title 49, United States Code, that re- as defined in Equal Employment Oppor- ments, minor fees and other funds received main available for expenditure may be trans- tunity Commission Notice N–915.022, dated by the Department from travel management ferred to and administered under the most September 2, 1988; (e) is offensive to, or de- centers, charge card programs, the sub- recent appropriation heading for any such signed to change, participants’ personal val- leasing of building space, and miscellaneous section. ues or lifestyle outside the workplace; or (f) sources are to be credited to appropriations SEC. 317. None of the funds in this Act may includes content related to human immuno- of the Department and allocated to elements be used to compensate in excess of 335 tech- deficiency virus/acquired immune deficiency of the Department using fair and equitable nical staff-years under the federally funded syndrome (HIV/AIDS) other than that nec- criteria and such funds shall be available research and development center contract essary to make employees more aware of the until December 31, 2002. between the Federal Aviation Administra- medical ramifications of HIV/AIDS and the SEC. 330. For necessary expenses of the Am- tion and the Center for Advanced Aviation workplace rights of HIV-positive employees. trak Reform Council authorized under sec- Systems Development during fiscal year SEC. 326. None of the funds in this Act tion 203 of Public Law 105–134, $420,000, to re- 2002. shall, in the absence of express authorization main available until September 30, 2003.

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SEC. 331. In addition to amounts otherwise vided under the ‘‘Grants-in-Aid for Airports’’ ‘‘(ii) CONSIDERATIONS.—In making the de- made available under this Act, to enable the program, for the FAA to hire additional staff termination described in clause (i)(I), the Secretary of Transportation to make grants or obtain the services of consultants: Pro- Secretary shall consider— for surface transportation projects, vided, That the Administrator is authorized ‘‘(I) vehicle design standards; $20,000,000, to remain available until ex- to accept and utilize such funds only for the ‘‘(II) statutory and regulatory require- pended. purpose of facilitating the timely processing, ments, including— SEC. 332. Section 648 of title 14, United review, and completion of environmental ac- ‘‘(aa) the Clean Air Act (42 U.S.C. 7401 et States Code, is amended by striking the tivities associated with such project. seq.); words ‘‘or such similar Coast Guard indus- SEC. 336. None of the funds made available ‘‘(bb) the Americans with Disabilities Act trial establishments’’; and inserting after in this Act may be used to further any ef- of 1990 (42 U.S.C. 12101 et seq.); and the words ‘‘Coast Guard Yard’’: ‘‘and other forts toward developing a new regional air- ‘‘(cc) motor vehicle safety standards pre- Coast Guard specialized facilities’’. This port for southeast Louisiana until a com- scribed under chapter 301 of title 49, United paragraph is now labeled ‘‘(a)’’ and a new prehensive plan is submitted by a commis- States Code; and paragraph ‘‘(b)’’ is added to read as follows: sion of stakeholders to the Administrator of ‘‘(III)(aa) the availability of lightweight ‘‘(b) For providing support to the Depart- the Federal Aviation Administration and materials suitable for use in the manufac- ment of Defense, the Coast Guard Yard and that plan, as approved by the Administrator, ture of over-the-road buses; other Coast Guard specialized facilities des- is submitted to and approved by the Senate ‘‘(bb) the cost of those lightweight mate- ignated by the Commandant shall qualify as Committee on Appropriations and the House rials relative to the cost of heavier materials components of the Department of Defense for Committee on Appropriations. in use as of the date of the determination; competition and workload assignment pur- SEC. 337. Section 8335(a) of title 5, United and poses. In addition, for purposes of entering States Code, is amended by inserting the fol- ‘‘(cc) any safety or design considerations lowing before the period in the first sen- into joint public-private partnerships and relating to the use of those materials. tence: ‘‘if the controller qualifies for an im- other cooperative arrangements for the per- ‘‘(C) ANALYSIS OF MEANS OF ENCOURAGING mediate annuity at that time. If not eligible formance of work, the Coast Guard Yard and DEVELOPMENT AND MANUFACTURE OF LIGHT- for an immediate annuity upon reaching age other Coast Guard specialized facilities may WEIGHT BUSES.—The report shall include an 56, the controller may work until the last enter into agreements or other arrange- analysis of, and recommendations con- day of the month in which the controller be- ments, receive and retain funds from and pay cerning, means to be considered to encourage comes eligible for a retirement annuity un- funds to such public and private entities, and the development and manufacture of light- less the Secretary determines that such ac- may accept contributions of funds, mate- weight buses, including an analysis of— tion would compromise safety’’. rials, services, and the use of facilities from ‘‘(i) potential procurement incentives for such entities. Amounts received under this SEC. 338. Notwithstanding any other provi- sion of law, States may use funds provided in public transit authorities to encourage the subsection may be credited to appropriate purchase of lightweight public transit vehi- Coast Guard accounts for fiscal year 2002 and this Act under Section 402 of Title 23, United States Code, to produce and place highway cles using grants from the Federal Transit for each fiscal year thereafter.’’. Administration; and SEC. 333. None of the funds in this Act may safety public service messages in television, ‘‘(ii) potential tax incentives for manufac- be used to make a grant unless the Secretary radio, cinema and print media, and on the turers and private operators to encourage of Transportation notifies the House and Internet in accordance with guidance issued the purchase of lightweight over-the-road Senate Committees on Appropriations not by the Secretary of Transportation: Provided, buses. less than three full business days before any That any State that uses funds for such pub- ‘‘(D) ANALYSIS OF CONSIDERATION IN discretionary grant award, letter of intent, lic service messages shall submit to the Sec- RULEMAKINGS OF ADDITIONAL VEHICLE or full funding grant agreement totaling retary a report describing and assessing the WEIGHT.—The report shall include an anal- $1,000,000 or more is announced by the de- effectiveness of the messages: Provided fur- ysis of, and recommendations concerning, partment or its modal administrations from: ther, That $15,000,000 designated for innova- whether Congress should require that each (1) any discretionary grant program of the tive grant funds under Section 157 of Title 23, rulemaking by an agency of the Federal Gov- Federal Highway Administration other than United States Code shall be used for national ernment that affects the design or manufac- the emergency relief program; (2) the airport television and radio advertising to support ture of motor vehicles consider— improvement program of the Federal Avia- the national law enforcement mobilizations ‘‘(i) the weight that would be added to the tion Administration; or (3) any program of conducted in all 50 states, aimed at increas- vehicle by implementation of the proposed the Federal Transit Administration other ing safety belt and child safety seat use and rule; than the formula grants and fixed guideway controlling drunk driving. ‘‘(ii) the effect that the added weight would modernization programs: Provided, That no SEC. 339. Section 1023(h) of the Intermodal have on pavement wear; and notification shall involve funds that are not Surface Transportation Efficiency Act of ‘‘(iii) the resulting cost to the Federal Gov- available for obligation. 1991 (23 U.S.C. 127 note) is amended— ernment and State and local governments. SEC. 334. INCREASE IN MOTOR CARRIER (1) in the subsection heading, by inserting ‘‘(E) COST-BENEFIT ANALYSIS.—The report FUNDING. (a) IN GENERAL.—Notwithstanding ‘‘OVER-THE-ROAD BUSES AND’’ before ‘‘PUB- shall include an analysis relating to the axle any other provision of law, whenever an allo- LIC’’; weight of over-the-road buses that com- cation is made of the sums authorized to be (2) in paragraph (1), by striking ‘‘to any ve- pares— appropriated for expenditure on the Federal hicle which’’ and inserting the following: ‘‘(i) the costs of the pavement wear caused lands highway program, and whenever an ap- ‘‘to— by over-the-road buses; with portionment is made of the sums authorized ‘‘(A) any over-the-road bus; or ‘‘(ii) the benefits of the over-the-road bus to be appropriated for expenditure on the ‘‘(B) any vehicle that’’; and industry to the environment, the economy, surface transportation program, the conges- (3) by striking paragraphs (2) and (3) and and the transportation system of the United tion mitigation and air quality improvement inserting the following: States. program, the National Highway System, the ‘‘(2) STUDY AND REPORT CONCERNING APPLI- ‘‘(3) DEFINITIONS.—In this subsection: Interstate maintenance program, the bridge CABILITY OF MAXIMUM AXLE WEIGHT LIMITA- ‘‘(A) OVER-THE-ROAD BUS.—The term ‘over- program, the Appalachian development high- TIONS TO OVER-THE-ROAD BUSES AND PUBLIC the-road bus’ has the meaning given the way system, and the minimum guarantee TRANSIT VEHICLES.— term in section 301 of the Americans with program, the Secretary of Transportation ‘‘(A) STUDY AND REPORT.—Not later than Disabilities Act of 1990 (42 U.S.C. 12181). shall deduct a sum in such amount not to ex- July 31, 2003, the Secretary shall conduct a ‘‘(B) PUBLIC TRANSIT VEHICLE.—The term ceed two-fifths of 1 percent of all sums so study of, and submit to Congress a report on, ‘public transit vehicle’ means a vehicle de- made available, as the Secretary determines the maximum axle weight limitations appli- scribed in paragraph (1)(B).’’. necessary, to administer the provisions of cable to vehicles using the Dwight D. Eisen- law to be financed from appropriations for hower National System of Interstate and De- SEC. 340. None of the funds in this Act shall motor carrier safety programs and motor fense Highways established under section 127 be used to pursue or adopt guidelines or reg- carrier safety research. The sum so deducted of title 23, United States Code, or under ulations requiring airport sponsors to pro- shall remain available until expended. State law, as the limitations apply to over- vide to the Federal Aviation Administration (b) EFFECT.—Any deduction by the Sec- the-road buses and public transit vehicles. without cost building construction, mainte- retary of Transportation in accordance with ‘‘(B) DETERMINATION OF APPLICABILITY OF nance, utilities and expenses, or space in air- this paragraph shall be deemed to be a de- VEHICLE WEIGHT LIMITATIONS.— port sponsor-owned buildings for services re- duction under section 104(a)(1)(B) of title 23, ‘‘(i) IN GENERAL.—The report shall in- lating to air traffic control, air navigation or United States Code. clude— weather reporting. The prohibition of funds SEC. 335. For an airport project that the ‘‘(I) a determination concerning how the in this section does not apply to negotiations Administrator of the Federal Aviation Ad- requirements of section 127 of that title between the Agency and airport sponsors to ministration (FAA) determines will add crit- should be applied to over-the-road buses and achieve agreement on ‘‘below-market’’ rates ical airport capacity to the national air public transit vehicles; and for these items or to grant assurances that transportation system, the Administrator is ‘‘(II) short-term and long-term rec- require airport sponsors to provide land authorized to accept funds from an airport ommendations concerning the applicability without cost to the FAA for air traffic con- sponsor, including entitlement funds pro- of those requirements. trol facilities.

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.129 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7981

SEC. 341. None of the funds provided in this laws or regulations to enforce them or notify ico border crossings used by Mexican motor Act or prior Appropriations Acts for Coast Federal authorities of such violations; carrier commercial vehicles, and in all mo- Guard ‘‘Acquisition, construction, and im- (G) equips all United States-Mexico border bile enforcement units operating adjacent to provements’’ shall be available after the fif- crossings with Weigh-In-Motion (WIM) sys- the border, to ensure that licenses, vehicle teenth day of any quarter of any fiscal year, tems as well as fixed scales suitable for en- registrations, operating authority and insur- unless the Commandant of the Coast Guard forcement action and requires that inspec- ance information can be easily and quickly first submits a quarterly report to the House tors verify by either means the weight of verified at border crossings or by mobile en- and Senate Committees on Appropriations each commercial vehicle entering the United forcement units; on all major Coast Guard acquisition States at such a crossing; (F) there is adequate capacity at each projects including projects executed for the (H) the Federal Motor Carrier Safety Ad- United States-Mexico border crossing used Coast Guard by the United States Navy and ministration has implemented a policy to by Mexican motor carrier commercial vehi- vessel traffic service projects: Provided, That ensure that no Mexican motor carrier will be cles to conduct a sufficient number of mean- such reports shall include an acquisition granted authority to operate beyond United ingful vehicle safety inspections and to ac- schedule, estimated current and year funding States municipalities and commercial zones commodate vehicles placed out-of-service as requirements, and a schedule of anticipated on the United States-Mexico border unless a result of said inspections; obligations and outlays for each major ac- that carrier provides proof of valid insurance (G) there is an accessible database con- quisition project: Provided further, That such with an insurance company licensed and taining sufficiently comprehensive data to reports shall rate on a relative scale the cost based in the United States; and allow safety monitoring of all Mexican risk, schedule risk, and technical risk associ- (I) publishes in final form regulations— motor carriers that apply for authority to ated with each acquisition project and in- (i) under section 210(b) of the Motor Carrier operate commercial vehicles beyond United clude a table detailing unobligated balances Safety Improvement Act of 1999 (49 U.S.C. States municipalities and commercial zones to date and anticipated unobligated balances 31144 nt.) that establish minimum require- on the United States-Mexico border and the at the close of the fiscal year and the close ments for motor carriers, including foreign drivers of those vehicles; and of the following fiscal year should the Ad- motor carriers, to ensure they are knowl- ministration’s pending budget request for (H) measures are in place in Mexico, simi- edgeable about Federal safety standards, lar to those in place in the United States, to the acquisition, construction, and improve- that include the administration of a pro- ments account be fully funded: Provided fur- ensure the effective enforcement and moni- ficiency examination; toring of license revocation and licensing ther, That such reports shall also provide ab- (ii) under section 31148 of title 49, United breviated information on the status of shore procedures. States Code, that implement measures to For purposes of this section, the term facility construction and renovation improve training and provide for the certifi- projects: Provided further, That all informa- ‘‘Mexican motor carrier’’ shall be defined as cation of motor carrier safety auditors; a Mexico-domiciled motor carrier operating tion submitted in such reports shall be cur- (iii) under sections 218(a) and (b) of that rent as of the last day of the preceding quar- beyond United States municipalities and Act (49 U.S.C. 31133 nt.) establishing stand- commercial zones on the United States-Mex- ter. ards for the determination of the appropriate SEC. 342. Funds provided in this Act for the ico border. number of Federal and State motor carrier Transportation Administrative Service Cen- SEC. 344. Notwithstanding any other provi- inspectors for the United States-Mexico bor- ter (TASC) shall be reduced by $37,000,000, sion of law, for the purpose of calculating der; which limits fiscal year 2002 TASC the non-federal contribution to the net obligational authority for elements of the (iv) under section 219(d) of that Act (49 project cost of the Regional Transportation Department of Transportation funded in this U.S.C. 14901 nt.) that prohibit foreign motor Commission Resort Corridor Fixed Guideway Act to no more than $88,323,000: Provided, carriers from leasing vehicles to another car- Project in Clark County, Nevada, the Sec- That such reductions from the budget re- rier to transport products to the United retary of Transportation shall include all quest shall be allocated by the Department States while the lessor is subject to a sus- non-federal contributions (whether public or of Transportation to each appropriations ac- pension, restriction, or limitation on its private) made on or after January 1, 2000 for count in proportion to the amount included right to operate in the United States; engineering, final design, and construction of in each account for the Transportation Ad- (v) under section 219(a) of that Act (49 any element or phase of the project, includ- ministrative Service Center. U.S.C. 14901 nt.) that prohibit foreign motor ing any fixed guideway project or segment SEC. 343. SAFETY OF CROSS-BORDER TRUCK- carriers from operating in the United States connecting to that project, and also shall ING BETWEEN UNITED STATES AND MEXICO. No that is found to have operated illegally in allow non-federal funds (whether public or funds limited or appropriated in this Act the United States; and private) expended on one element or phase of may be obligated or expended for the review (vi) under which a commercial vehicle op- the project to be used to meet the non-fed- or processing of an application by a Mexican erated by a Mexican motor carrier may not eral share requirement of any element or motor carrier for authority to operate be- enter the United States at a border crossing phase of the project. yond United States municipalities and com- unless an inspector is on duty; and SEC. 345. Item 1348 of the table contained in mercial zones on the United States-Mexico (2) the Department of Transportation In- section 1602 of the Transportation Equity border until— spector General certifies in writing that— Act for the 21st Century (112 Stat. 306) is (1) the Federal Motor Carrier Safety Ad- (A) all new inspector positions funded amended by striking ‘‘Extend West Douglas ministration— under this Act have been filled and the in- Road’’ and inserting ‘‘Second Douglas Island (A) performs a full safety compliance re- spectors have been fully trained; Crossing’’. SEC. 346. Item 642 in the table contained in view of the carrier consistent with the safety (B) each inspector conducting on-site safe- section 1602 of the Transportation Equity fitness evaluation procedures set forth in ty compliance reviews in Mexico consistent Act for the 21st Century (112 Stat. 281), relat- part 385 of title 49, Code of Federal Regula- with the safety fitness evaluation procedures ing to Washington, is amended by striking tions, and gives the carrier a satisfactory set forth in part 385 of title 49, Code of Fed- ‘‘Construct passenger ferry facility to serve rating before granting conditional and, eral Regulations, is fully trained as a safety Southworth, Seattle’’ and inserting ‘‘Pas- again, before granting permanent authority specialist; senger only ferry to serve Kitsap County-Se- to any such carrier; (C) the requirement of subparagraph (B) attle’’. has not been met by transferring experienced (B) requires that any such safety compli- Item 1793 in section 1602 of the Transpor- ance review take place onsite at the Mexican inspectors from other parts of the United tation Equity Act for the 21st Century (112 motor carrier’s facilities; States to the United States-Mexico border, Stat. 322), relating to Washington, is amend- (C) requires Federal and State inspectors undermining the level of inspection coverage ed by striking ‘‘Southworth Seattle Ferry’’ to verify electronically the status and valid- and safety elsewhere in the United States; and inserting ‘‘Passenger only ferry to serve ity of the license of each driver of a Mexican (D) the Federal Motor Carrier Safety Ad- Kitsap County-Seattle’’. motor carrier commercial vehicle crossing ministration has implemented a policy to SEC. 347. Notwithstanding any other provi- the border; ensure compliance with hours-of-service sion of law, historic covered bridges eligible (D) gives a distinctive Department of rules under part 395 of title 49, Code of Fed- for Federal assistance under section 1224 of Transportation number to each Mexican eral Regulations, by Mexican motor carriers the Transportation Equity Act for the 21st motor carrier operating beyond the commer- seeking authority to operate beyond United Century, as amended, may be funded from cial zone to assist inspectors in enforcing States municipalities and commercial zones amounts set aside for the discretionary motor carrier safety regulations including on the United States-Mexico border; bridge program. hours-of-service rules under part 395 of title (E) the information infrastructure of the SEC. 348. (a) Item 143 in the table under the 49, Code of Federal Regulations; Mexican government is sufficiently accurate, heading ‘‘Capital Investment Grants’’ in (E) requires State inspectors whose oper- accessible, and integrated with that of U.S. title I of the Department of Transportation ations are funded in part or in whole by Fed- law enforcement authorities to allow U.S. and Related Agencies Appropriations Act, eral funds to check for violations of Federal authorities to verify the status and validity 1999 (Public Law 105–277; 112 Stat. 2681–456) is motor carrier safety laws and regulations, of licenses, vehicle registrations, operating amended by striking ‘‘Northern New Mexico including those pertaining to operating au- authority and insurance of Mexican motor park and ride facilities’’ and inserting thority and insurance; carriers while operating in the United ‘‘Northern New Mexico park and ride facili- (F) requires State inspectors who detect States, and that adequate telecommuni- ties and State of New Mexico, Buses and Bus- violations of Federal motor carrier safety cations links exist at all United States-Mex- Related Facilities’’.

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.129 pfrm04 PsN: S19PT1 S7982 CONGRESSIONAL RECORD — SENATE July 19, 2001 (b) Item 167 in the table under the heading SA 1027. Mr. SPECTER proposed an grams and policies, in review of the De- ‘‘Capital Investment Grants’’ in title I of the amendment to the bill S. 1172, making fense authorization request for fiscal Department of Transportation and Related appropriations for the Legislative year 2002. Agencies Appropriations Act, 2000 (Public Branch for the fiscal year ending Sep- The PRESIDING OFFICER. Without Law 106–69; 113 Stat. 1006) is amended by objection, it is so ordered. striking ‘‘Northern New Mexico Transit Ex- tember 30, 2002, and for other purposes; press/Park and Ride buses’’ and inserting as follows: COMMITTEE ON BANKING, HOUSING, AND URBAN ‘‘Northern New Mexico park and ride facili- At the appropriate place, insert the fol- AFFAIRS ties and State of New Mexico, Buses and Bus- lowing: Mr. REID. Mr. President, I ask unan- Related Facilities’’. MAILINGS FOR TOWN MEETINGS imous consent that the Committee on SEC. 349. Beginning in fiscal year 2002 and For mailings of postal patron postcards by Banking, Housing, and Urban Affairs thereafter, notwithstanding 49 U.S.C. 41742, Members for the purpose of providing notice be authorized to meet during the ses- no essential air service subsidies shall be of a town meeting by a Member in a county sion of the Senate on July 19, 2001, to provided to communities in the United (or equivalent unit of local government) with States (except Alaska) that are located fewer conduct a hearing on the nomination of a population of less than 50,000 that the than 100 highway miles from the nearest Mr. Harvey L. Pitt to be Chairman of Member will personally attend to be allotted large or medium hub airport, or fewer than the Securities and Exchange Commis- as requested, $3,000,000, subject to authoriza- 70 highway miles from the nearest small hub sion. tion: That any amount allocated to airport, or fewer than 50 highway miles from Provided The PRESIDING OFFICER. Without a Member for such mailing under this para- the nearest airport providing scheduled serv- objection, it is so ordered. graph shall not exceed 50 percent of the cost ice with jet aircraft; or that require a rate of of the mailing and the remaining costs shall COMMITTEE ON ENERGY AND NATURAL subsidy per passenger in excess of $200 unless be paid by the Member from other funds RESOURCES such point is greater than 210 miles from the available to the Member.’’. Mr. REID. Mr. President, I ask unan- nearest large or medium hub airport. This Act may be cited as the ‘‘Department On page 33, line 6, strike ‘‘$419,843,000’’ and imous consent that the Committee on of Transportation and Related Agencies Ap- insert ‘‘$416,843,000’’. Energy and Natural Resources be au- propriations Act, 2002’’. f thorized to meet during the session of the Senate on Thursday, July 19, at 9:30 NOTICE OF HEARING SA 1026. Mr. DURBIN (for himself a.m., to conduct a hearing. The com- and Mr. BENNETT) proposed an amend- COMMITTEE ON ENERGY AND NATURAL mittee will receive testimony on pro- ment to the bill S. 1172, making appro- RESOURCES posals related to removing barriers to priations for the Legislative Branch for Mr. BINGAMAN. Mr. President, I distributed generation, renewable en- the fiscal year ending September 30, would like to announce, for the infor- ergy, and other advanced technologies 2002, and for other purposes; as follows: mation of the Senate and the public, in electricity generation and trans- On page 8, insert between lines 9 and 10 the that the Committee on Energy and mission, including section 301 and title following: Natural Resources has scheduled two VI of S. 597, the Comprehensive and (e) EFFECTIVE DATE.—This section shall hearings to receive testimony on legis- Balanced Energy Policy Act of 2001; apply to fiscal year 2002 and each fiscal year lative proposals relating to comprehen- thereafter. sections 110, 111, 112, 710, and 711 of S. On page 9, lines 13 and 14, strike ‘‘as in- sive electricity restructuring, includ- 388, the National Energy Security Act creased by section 2 of Public Law 106–57’’ ing electricity provisions of S. 388 and of 2001; and S. 933, the Combined Heat and insert ‘‘as adjusted by law and in effect S. 597, and electricity provisions con- and Power Advancement Act of 2001. on September 30, 2001’’. tained in S. 1273 and S. 2098 of the 106th The committee will also receive testi- On page 15, insert between lines 9 and 10 Congress. mony on proposals relating to the hy- the following: The hearings will take place on (d) This section shall apply to fiscal year droelectric relicensing procedures of 2002 and each fiscal year thereafter. Wednesday, July 25, at 9:30 a.m., in the Federal Energy Regulatory Com- On page 16, add after line 21 the following: room 366 of the Dirksen Senate Office mission, including title VII of S. 388, (f) This section shall apply to fiscal year Building, and Thursday, July 26, at 9:45 title VII of S. 597; and S. 71, the Hydro- 2002 and each fiscal year thereafter. a.m., in room 106 of the Dirksen Senate electric Licensing Process Improve- On page 17, line 21, strike ‘‘$55,000,000’’ and Office Building. insert ‘‘$54,000,000’’. ment Act of 2001. On page 17, line 25, insert ‘‘after the date’’ Those wishing to submit written The PRESIDING OFFICER. Without after ‘‘days’’. statements on the legislation should objection, it is so ordered. On page 17, line 25, insert before the period address them to the Committee on En- COMMITTEE ON FINANCE the following: ‘‘: Provided further, That not- ergy and Natural Resources, U.S. Sen- Mr. REID. Mr. President, I ask unan- withstanding any other provision of law and ate, Washington, DC 20510, Attention, imous consent that the Committee on subject to the availability of appropriations, Leon Lowery. Finance be authorized to meet during the Architect of the Capitol is authorized to For further information, please call secure, through multi-year rental, lease, or the session of the Senate on Thursday, other appropriate agreement, the property Leon Lowery at 202/224–2209. July 19, 2001, to hear testimony on located at 67 K Street, S.W., Washington, f Trade Adjustment Assistance. D.C., for use of Legislative Branch agencies, AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without and to incur any necessary incidental ex- MEET objection, it is so ordered. penses including maintenance, alterations, COMMITTEE ON FOREIGN RELATIONS and repairs in connection therewith: Provided COMMITTEE ON AGRICULTURE, NUTRITION, AND Mr. REID. Mr. President, I ask unan- further, That in connection with the property FORESTRY imous consent that the Committee on referred to under the preceding proviso, the Mr. REID. Mr. President, I ask unan- Architect of the Capitol is authorized to ex- Foreign Relations be authorized to imous consent that the Committee on meet during the session of the Senate pend funds appropriated to the Architect of Agriculture, Nutrition, and Forestry be the Capitol for the purpose of the operations on Thursday, July 19, at 10 a.m., to and support of Legislative Branch agencies, authorized to meet during the session hold a hearing titled, ‘‘Mexico City including the United States Capitol Police, of the Senate on Thursday, July 19, Policy: Effects of Restrictions on Inter- as may be required for that purpose’’. 2001. The purpose of this hearing will national Family Planning Funding’’. On page 33, line 6, strike ‘‘$419,843,000’’ and be to discuss the nutrition title of the WITNESSES insert ‘‘$420,843,000’’. next Federal farm bill. Panel 1: The Honorable Tim Hutch- On page 34, line 4, insert before the period The PRESIDING OFFICER. Without the following: ‘‘Provided further, That inson, United States Senate, Wash- $1,000,000 from funds made available under objection, it is so ordered. ington, DC; The Honorable Nita M. this heading shall be available for a pilot COMMITTEE ON ARMED SERVICES Lowey, United States House of Rep- program in technology assessment: Provided Mr. REID. Mr. President, I ask unan- resentatives, Washington, DC; The further, That not later than June 15, 2002, a imous consent that the Committee on Honorable Harry Reid, United States report on the pilot program referred to under Armed Services be authorized to meet Senate, Washington, DC. the preceding proviso shall be submitted to during the session of the Senate on Panel 2: Mr. Alan J. Kreczko, Acting Congress’’. On page 38, line 15, strike ‘‘to read’’. Thursday, July 19, 2001, at 9:30 a.m., in Assistant Secretary of the Bureau of On page 39, line 2, insert ‘‘pay’’ before ‘‘pe- open session to continue to receive tes- Population, Refugees and Migration, riods’’. timony on ballistic missile defense pro- State Department, Washington, DC.

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.129 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7983 Panel 3: Mr. Daniel E. Pellegrom, Washington letter to Touro Synagogue e. Extends through FY 2006 the homeless President, Pathfinder International, in Newport, Rhode Island, which is on veterans reintegration program. Watertown, MA; Dr. Nicholas N. display at the B’nai B’rith Klutznick S. 1188: Provisions to improve recruitment and retention of VA nurses. Sponsors: Sen- Eberstadt, Visiting Scholar, American National Jewish Museum in Wash- ators Rockefeller, Cleland. Enterprise Institute, Washington, DC; ington, D.C., is one of the most signifi- a. Modifies the VA Employee Incentive Mr. Aryeh Neier, President, Open Soci- cant early statements buttressing the Scholarship Program and Debt Reduction ety Institute, New York, NY; Cathy nascent American constitutional guar- Program; Cleaver, Director of Planning & Infor- antee of religious freedom. [Chafee/ b. Mandates that VA provide Saturday pre- mation, U.S. Conference of Catholic Reed]. mium pay to title 5/title 38 hybrids; c. Requires a report on VA’s use of author- Bishops, Washington, DC. The PRESIDING OFFICER. Without ity to request waivers of the pay reduction Panel 4: Dr. Nirmal Bista, Director objection, it is so ordered. for re-employed annuitants; General, Family Planning Association COMMITTEE ON SMALL BUSINESS AND d. Gives VA nurses enrolled in the Federal of Nepal, Kathmandu, Nepal; Ms. ENTREPRENEURSHIP Employee Retirement System the same abil- Susana Silva Galdos, President, Mr. REID. Mr. President, I ask unan- ity to use unused sick leave as part of the re- Movimiento Manuela Ramos, Lima, imous consent that the Committee on tirement year calculation that VA nurses en- Peru; Professor M. Sophia Aguirre, The rolled in the Civilian Retirement System Small Business and Entrepreneurship have. Catholic University of America, De- be authorized to meet during the ses- e. Requires an evaluation of nurse-man- partment of Business Economics, sion of the Senate on Thursday, July aged clinics, including primary care and Washington, DC. 19, 2001, beginning at 9:15 a.m., in room geriatric clinics; The PRESIDING OFFICER. Without 428A of the Russell Senate Office Build- f. Requires VA to develop a nationwide pol- objection, it is so ordered. ing to markup pending legislation to be icy on staffing standards to ensure that vet- erans are provided with safe and high quality COMMITTEE ON FOREIGN RELATIONS immediately followed by a hearing re- care. Such staffing standards should consider Mr. REID. Mr. President, I ask unan- garding the President’s nomination of the numbers and skill mix required of staff imous consent that the Committee on Hector V. Barreto, Jr., to be Adminis- in specific medical settings (such as critical Foreign Relations be authorized to trator of the U.S. Small Business Ad- care and long-term care); meet during the session of the Senate ministration. g. Requires a report on the use of manda- on Thursday, July 19, 2001, at 2:30 p.m., The PRESIDING OFFICER. Without tory overtime by licensed nursing staff and objection, it is so ordered. nursing assistants in each facility; to hold a nomination hearing. h. Elevates the office of the Nurse Consult- NOMINEES COMMITTEE ON VETERANS’ AFFAIRS ant so that person shall report directly to Panel 1: Mr. Stuart A. Bernstein, of Mr. REID. Mr. President, I ask unan- the Under Secretary for Health; the District of Columbia, to be Ambas- imous consent that the Committee on i. Exempts registered nurses, physician as- sador to Denmark. Mr. Michael E. Veterans’ Affairs be authorized to meet sistants, and expanded-function dental auxil- during the session of the Senate on iaries from the requirement that part-time Guest, of South Carolina, to be Ambas- service performed prior to April 7, 1986, be sador to Romania. Mr. Charles A. Thursday, July 19, 2001, at 1 p.m., in prorated when calculating retirement annu- Heimbold, Jr., of Connecticut, to be room 418 of the Russell Senate Office ities; Ambassador to Sweden. Mr. Thomas J. Building, for a hearing on S. 739, the j. Requires a report on VA’s nurse quali- Miller, of Virginia, to be Ambassador Heather French Henry Homeless Vet- fication standards; to Greece. erans Assistance Act, and other pend- k. Makes technical clarifications to the nurse locality pay authorities. Panel 2: The Honorable Larry C. Nap- ing health-care related legislation. S. 1160: Authorizes VA to provide certain per, of Texas, to be Ambassador to the COMMITTEE ON VETERANS’ AFFAIRS—UNITED hearing-impaired veterans and veterans with Republic of Kazakhstan. Mr. Jim Nich- STATES SENATE spinal cord injury or dysfunction, in addition olson, of Colorado, to be Ambassador to HEARING ON PENDING VETERANS HEALTH- to blind veterans, with service dogs to assist the Holy See. Mr. Mercer Reynolds, of RELATED LEGISLATION, JULY 19, 2001 them with everyday activities. Sponsor: Sen- Ohio, to be Ambassador to Switzerland, Agenda ator Rockefeller. and to serve concurrently and without S. : Draft legislation to change the means S. 739: Provisions to improve programs for test used by the VA in determining whether additional compensation as Ambas- homeless veterans. Sponsor: Senator veterans will be placed in enrollment pri- sador to the Principality of Liech- Wellstone. ority group 5 or 7. The current placement eli- tenstein. a. Encourages all Federal, State, and local gibility threshold is set at approximately The PRESIDING OFFICER. Without departments and agencies and other entities $24,000 regardless of where in the country the objection, it so ordered. and individuals to work toward the national veteran is living (text forthcoming). Spon- goal of ending homelessness among veterans COMMITTEE ON THE JUDICIARY sor: . within a decade. S. 1042: Provides that within the limits of Mr. REID. Mr. President, I ask unan- b. Establishes within the Department of Department facilities, VA shall furnish hos- imous consent that the Committee on Veterans Affairs the Advisory Committee on pital and nursing home care and medical the Judiciary be authorized to meet to Homeless Veterans. services to Commonwealth Army veterans conduct a markup on Thursday, July c. Directs the Secretary of Veterans Af- and new Philippine Scouts in the same man- 19, 2001, at 10 a.m., in SD226. fairs to: (1) support the continuation within ner as provided for under section 1710 of title I. Nominations: Ralph F. Boyd Jr. to the Department of at least one center to 38 USC. Also authorizes VA to furnish care monitor the structure, process, and outcome and services to the same veterans for the be Assistant Attorney General, Civil of Department programs addressing home- Rights Division; Robert D. McCallum treatment of the service-connected disabil- less veterans; and (2) assign veterans receiv- ities and non-service-connected disabilities Jr. to be Assistant Attorney General, ing specified services provided in, or spon- of such veterans and scouts residing in the Civil Division. sored or coordinated by, the Department as Republic of the Philippines on an outpatient II. Bills: S. 407, The Madrid Protocol being within the ‘‘complex care’’ category. basis at the Manila VA Outpatient Clinic. Implementation Act [Leahy/Hatch]; S. d. Directs the Secretary to: (1) make Sponsor: Senator Inouye. 778. A bill to expand the class of bene- grants to Department health care facilities S. Res. 61: Expresses the sense of the Sen- ficiaries who may apply for adjustment and to grant and per diem providers for the ate that the Secretary of Veterans Affairs development of programs targeted at meet- of status under section 245(i) of the Im- should, for the payment of special pay by the ing certain special needs of homeless vet- Veterans Health Administration, recognize migration and Nationality Act by ex- erans; (2) require certain officials to initiate board certifications from the American As- tending the deadline for classification a plan for joint outreach to veterans at risk sociation of Physician Specialists, Inc., to petition and labor certification filings. of homelessness; (3) carry out two treatment the same extent that the Secretary recog- [Kennedy/Hagel]; S. 754, Drug Competi- trials in integrated mental health services nizes board certifications from the American tion Act of 2001. delivery; (4) ensure that each Department Board of Osteopathic Specialists. Sponsor: III. Commemorative Legislation: S. primary care facility has a mental health Senator Hutchinson. Res. 16, A resolution designating Au- treatment capacity; (5) carry out a program The PRESIDING OFFICER. Without of transitional assistance grants to eligible gust 16, 2001, as ‘‘National Airborne homeless veterans; and (6) make technical objection, it is so ordered. Day.’’ [Thurmond]: S. Con. Res. 16, A assistance grants to aid nonprofit commu- SUBCOMMITTEE ON AIRLAND concurrent resolution expressing the nity-based groups in applying for homeless Mr. REID. Mr. President, I ask unan- sense of Congress that the George program grants. imous consent that the Subcommittee

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.165 pfrm04 PsN: S19PT1 S7984 CONGRESSIONAL RECORD — SENATE July 19, 2001 on Airland of the Committee on Armed lowing nominations: Laurie Rich, As- LEGISLATIVE SESSION Services be authorized to meet during sistant Secretary for Intergovern- The PRESIDING OFFICER. Under the session of the Senate on Thursday, mental and Interagency Affairs; Robert the previous order, the Senate will re- July 19, 2001, at 2:30 p.m., in open ses- Pasternak, Assistant Secretary for turn to legislative session. sion to receive testimony on Army Special Education; Joanne Wilson, f modernization and transformation, in Commissioner for Rehabilitation Serv- review of the Defense authorization re- ices Administration; Carl D’Amico, As- AUTHORIZING SENATE LEGAL quest for fiscal year 2002. sistant Secretary for Vocational and COUNSEL REPRESENTATION The PRESIDING OFFICER. Without Adult Education; Cari Dominguez, to Mr. REID. Mr. President, I ask unan- objection, it is ordered. be a member of the Equal Employment imous consent that the Senate proceed SUBCOMMITTEE ON WATER AND POWER Opportunity Commission; that the to the consideration of S. Res. 137 sub- Mr. REID. Mr. President, I ask unan- nominations be confirmed en bloc, the mitted earlier today by the majority imous consent that the Subcommittee motions to reconsider be laid on the leader and the Republican leader. on Water and Power of the Committee table, and any statements thereon be The PRESIDING OFFICER. The on Energy and Natural Resources be printed in the RECORD, the President be clerk will report the resolution by authorized to meet during the session immediately notified of the Senate’s Title. of the Senate on Thursday, July 19, at action, and the Senate then return to The assistant legislative clerk read 2:30 p.m., to conduct a hearing. The legislative session. as follows: subcommittee will receive testimony The PRESIDING OFFICER. Without A resolution (S. Res. 137) to authorize rep- on S. 976, the California Ecosystem, objection, it is so ordered. resentation by the Senate Legal Counsel in John Hoffman, et al. v. James Jeffords. Water Supply, and Water Quality En- The nominations were considered and hancement Act of 2001. confirmed as follows: There being no objection, the Senate proceeded to consider the resolution. The PRESIDING OFFICER. Without DEPARTMENT OF DEFENSE objection, it is so ordered. Mr. DASCHLE. Mr. President, two Susan Morrisey Livingstone, of Montana, Republican voters in Pennsylvania f to be Under Secretary of the Navy. have commenced a civil action against Alberto Jose Mora, of Virginia, to be Gen- FLOOR PRIVILEGE eral Counsel of the Department of the Navy. Senator JEFFORDS in federal district court in the District of Colombia to Mr. DURBIN. Mr. President, I ask Stephen A. Cambone, of Virginia, to be challenge Senator JEFFORDS’ recent de- unanimous consent that David Deputy Under Secretary of Defense for Pol- cision to become an Independent and to Sarokin, a detailee on my staff, be icy. caucus with the Democratic party for given privileges of the floor today and DEPARTMENT OF HEALTH AND HUMAN SERVICES organizational purposes within the any subsequent days during which the Kevin Keane, of Wisconsin, to be an Assist- Senate. Specifically, this lawsuit seeks nomination of John Graham is being ant Secretary of Health and Human Services. ‘‘to assert the invalidity of Senator considered. DEPARTMENT OF COMMERCE JEFFORDS change of party by mere an- The PRESIDING OFFICER. Without William Henry Lash, III, of Virginia, to be nouncement’’ and requests a court objection, it is so ordered. an Assistant Secretary of Commerce. order requiring Senator JEFFORDS ‘‘to f DEPARTMENT OF THE TREASURY reinstate his status as a Republican ORDER OF PROCEDURE Brian Carlton Roseboro, of New Jersey, to Senator’’ particularly ‘‘during the Sen- be an Assistant Secretary of the Treasury. ate polling and caucusing of its mem- Mr. REID. Mr. President, I ask unan- EXECUTIVE OFFICE OF THE PRESIDENT bers.’’ imous consent that on Friday, July 20, Through this action, the plaintiffs at 9:15 a.m. the Senate proceed to exec- Allen Frederick Johnson of Iowa, to be Chief Agricultural Negotiator, Office of the seek to subject to judicial control a utive session to consider en bloc the United States Trade Representative, with Senator’s choice of with which Sen- nominations of Roger Gregory, Sam the rank of Ambassador. ators to caucus, as well as the process Haddon, and Richard Cebull; that there DEPARTMENT OF TRANSPORTATION by which the Senate chooses its offi- be 30 minutes for debate equally di- Allan Rutter, of Texas, to be Adminis- cers and the chairs of its committees. vided between Senators LEAHY and trator of the Federal Railroad Administra- This attempt to question a Senator in HATCH, or their designees; that at 9:45 tion. court about the performance of his leg- a.m. the Senate vote on the Gregory DEPARTMENT OF COMMERCE islative responsibilities in the Senate nomination to be followed by a vote on is barred by the Speech or Debate the Haddon nomination, to be followed Samuel W. Bodman, of Massachusetts, to be Deputy Secretary of Commerce. Clause of the Constitution, which com- by a vote on the Cebull nomination; mits such oversight of Senators to the EXECUTIVE OFFICE OF THE PRESIDENT that upon the disposition of these electorate, not to the judiciary. This nominations the Senate consider and Mark B. McClelland, of California, to be a suit also runs afoul of the clauses of confirm Calendar Nos. 247 and 249; that Member of the Council of Economic Advis- the Constitution that commit to each ers. the motions to reconsider all of the House of Congress the responsibility to above votes be tabled, the President be DEPARTMENT OF THE TREASURY elect officers and determine the rules immediately notified of the Senate’s Sheila C. Blair, of Kansas, to be an Assist- of its proceedings. action, and the Senate return to legis- ant Secretary of the Treasury. Because this suit seeks to challenge lative session. DEPARTMENT OF EDUCATION the validity of actions taken by Sen- The PRESIDING OFFICER. Without Laurie Rich, of Texas, to be Assistant Sec- ator JEFFORDS in his official capacity, objection, it is so ordered. retary for Intergovernmental and Inter- representation in this case falls appro- Mr. REID. Mr. President, I further agency Affairs, Department of Education. priately within the Senator Legal ask unanimous consent that after the Robert Pasternack, of New Mexico, to be Counsel’s statutory responsibility. first vote there be 10-minute votes. Assistant Secretary for Special Education This resolution would accordingly au- The PRESIDING OFFICER. Without and Rehabilitative Services, Department of thorize the Senate Legal Counsel to objection, it is so ordered. Education. Joanne M. Wilson, of Louisiana, to be Com- represent Senator JEFFORDS to present f missioner of the Rehabilitation Services Ad- to the Court the constitutional bases for dismissing this suit. EXECUTIVE SESSION ministration, Department of Education. Carol D’Amico, of Indiana, to be Assistant Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- Secretary for Vocational and Adult Edu- imous consent the resolution and pre- imous consent that the Senate proceed cation, Department of Education. amble be agreed to en bloc, the motion to executive session to consider the fol- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION to reconsider be laid upon the table en lowing nominations, Calendar Nos. 202, Cari M. Dominguez, of Maryland, to be a bloc, and any statements related there- 211, 212, 236 through 240, 242, 243, and member of the Equal Employment Oppor- to be printed in the RECORD. 244; that the HELP Committee be dis- tunity Commission for a term expiring July The PRESIDING OFFICER. Without charged from consideration of the fol- 1, 2006. objection, it is so ordered.

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A19JY6.171 pfrm04 PsN: S19PT1 July 19, 2001 CONGRESSIONAL RECORD — SENATE S7985 The resolution (S. Res. 137) was (9) Through its power to veto plans for air nated raiding and slaving parties in Bahr al agreed to. transport flights under the United Nations relief Ghazal, the Nuba Mountains, Upper Nile, and The preamble was agreed to. operation, Operation Lifeline Sudan (OLS), the Blue Nile regions; and (The resolution is printed in today’s Government of Sudan has been able to manipu- (2) recognizes that, along with selective bans late the receipt of food aid by the Sudanese peo- on air transport relief flights by the Government RECORD under ‘‘Resolutions Sub- ple from the United States and other donor of Sudan, the use of raiding and slaving parties mitted.’’) countries as a devastating weapon of war in the is a tool for creating food shortages and is used f ongoing effort by the Government of Sudan to as a systematic means to destroy the societies, subdue areas of Sudan outside of the Govern- culture, and economies of the Dinka, Nuer, and SUDAN PEACE ACT ment’s control. Nuba peoples in a policy of low-intensity ethnic Mr. REID. Mr. President, I ask unan- (10) The efforts of the United States and other cleansing. imous consent that the Senate proceed donors in delivering relief and assistance SEC. 5. SUPPORT FOR AN INTERNATIONALLY to the consideration of Calendar No. 89, through means outside OLS have played a crit- SANCTIONED PEACE PROCESS. S. 180. ical role in addressing the deficiencies in OLS (a) FINDINGS.—Congress hereby recognizes and offset the Government of Sudan’s manipu- The PRESIDING OFFICER. The that— lation of food donations to advantage in the (1) a single viable, internationally and region- clerk will report the bill by title. civil war in Sudan. ally sanctioned peace process holds the greatest The legislative clerk read as follows: (11) While the immediate needs of selected opportunity to promote a negotiated, peaceful A bill (S. 180) to facilitate famine relief ef- areas in Sudan facing starvation have been ad- settlement to the war in Sudan; and forts and comprehensive solutions to the war dressed in the near term, the population in (2) resolution to the conflict in Sudan is best in Sudan. areas of Sudan outside of the control of the made through a peace process based on the Dec- There being no objection, the Senate Government of Sudan are still in danger of ex- laration of Principles reached in Nairobi, treme disruption of their ability to sustain them- proceeded to consider the bill which Kenya, on July 20, 1994. selves. (b) UNITED STATES DIPLOMATIC SUPPORT.— had been referred to the Committee on (12) The Nuba Mountains and many areas in The Secretary of State is authorized to utilize Foreign Relations with an amendment Bahr al Ghazal, Upper Nile, and Blue Nile re- the personnel of the Department of State for the in the nature of a substitute. gions have been excluded completely from relief support of— [Strike out all after the enacting distribution by OLS, consequently placing their (1) the ongoing negotiations between the Gov- clause and insert the part printed in populations at increased risk of famine. ernment of Sudan and opposition forces; italic.] (13) At a cost which has sometimes exceeded (2) any necessary peace settlement planning $1,000,000 per day, and with a primary focus on or implementation; and S. 180 providing only for the immediate food needs of (3) other United States diplomatic efforts sup- Be it enacted by the Senate and House of Rep- the recipients, the current international relief porting a peace process in Sudan. resentatives of the United States of America in operations are neither sustainable nor desirable SEC. 6. MULTILATERAL PRESSURE ON COMBAT- Congress assembled, in the long term. ANTS. SECTION 1. SHORT TITLE. (14) The ability of populations to defend them- It is the sense of Congress that— This Act may be cited as the ‘‘Sudan Peace selves against attack in areas outside the Gov- (1) the United Nations should be used as a Act’’. ernment of Sudan’s control has been severely tool to facilitating peace and recovery in Sudan; compromised by the disengagement of the front- SEC. 2. FINDINGS. and line sponsor states, fostering the belief within Congress makes the following findings: (2) the President, acting through the United officials of the Government of Sudan that suc- (1) The Government of Sudan has intensified States Permanent Representative to the United cess on the battlefield can be achieved. its prosecution of the war against areas outside Nations, should seek to— (15) The United States should use all means of of its control, which has already cost more than (A) revise the terms of Operation Lifeline pressure available to facilitate a comprehensive 2,000,000 lives and has displaced more than Sudan to end the veto power of the Government solution to the war in Sudan, including— 4,000,000. of Sudan over the plans by Operation Lifeline (A) the multilateralization of economic and (2) A viable, comprehensive, and internation- Sudan for air transport of relief flights and, by diplomatic tools to compel the Government of ally sponsored peace process, protected from ma- doing so, to end the manipulation of the deliv- Sudan to enter into a good faith peace process; nipulation, presents the best chance for a per- ery of those relief supplies to the advantage of (B) the support or creation of viable demo- the Government of Sudan on the battlefield; manent resolution of the war, protection of cratic civil authority and institutions in areas of human rights, and a self-sustaining Sudan. (B) investigate the practice of slavery in Sudan outside government control; Sudan and provide mechanisms for its elimi- (3) Continued strengthening and reform of hu- (C) continued active support of people-to-peo- manitarian relief operations in Sudan is an es- nation; and ple reconciliation mechanisms and efforts in (C) sponsor a condemnation of the Govern- sential element in the effort to bring an end to areas outside of government control; the war. ment of Sudan each time it subjects civilians to (D) the strengthening of the mechanisms to aerial bombardment. (4) Continued leadership by the United States provide humanitarian relief to those areas; and is critical. (E) cooperation among the trading partners of SEC. 7. REPORTING REQUIREMENT. (5) Regardless of the future political status of the United States and within multilateral insti- Section 116 of the Foreign Assistance Act of the areas of Sudan outside of the control of the tutions toward those ends. 1961 (22 U.S.C. 2151n) is amended by adding at Government of Sudan, the absence of credible the end the following: SEC. 3. DEFINITIONS. civil authority and institutions is a major im- ‘‘(g) In addition to the requirements of sub- In this Act: pediment to achieving self-sustenance by the sections (d) and (f), the report required by sub- (1) GOVERNMENT OF SUDAN.—The term ‘‘Gov- section (d) shall include— Sudanese people and to meaningful progress to- ernment of Sudan’’ means the National Islamic ‘‘(1) a description of the sources and current ward a viable peace process. Front government in Khartoum, Sudan. status of Sudan’s financing and construction of (6) Through manipulation of traditional rival- (2) OLS.—The term ‘‘OLS’’ means the United oil exploitation infrastructure and pipelines, the ries among peoples in areas outside their full Nations relief operation carried out by UNICEF, effects on the inhabitants of the oil fields re- control, the Government of Sudan has effec- the World Food Program, and participating re- gions of such financing and construction, and tively used divide and conquer techniques to lief organizations known as ‘‘Operation Lifeline the Government of Sudan’s ability to finance subjugate their population, and internationally Sudan’’. sponsored reconciliation efforts have played a the war in Sudan; SEC. 4. CONDEMNATION OF SLAVERY, OTHER ‘‘(2) a description of the extent to which that critical role in reducing the tactic’s effectiveness HUMAN RIGHTS ABUSES, AND TAC- and human suffering. TICS OF THE GOVERNMENT OF financing was secured in the United States or (7) The Government of Sudan is utilizing and SUDAN. with involvement of United States citizens; organizing militias, Popular Defense Forces, Congress hereby— ‘‘(3) the best estimates of the extent of aerial and other irregular units for raiding and slav- (1) condemns— bombardment by the Government of Sudan ing parties in areas outside of the control of the (A) violations of human rights on all sides of forces in areas outside its control, including tar- Government of Sudan in an effort to severely the conflict in Sudan; gets, frequency, and best estimates of damage; disrupt the ability of those populations to sus- (B) the Government of Sudan’s overall human and tain themselves. The tactic is in addition to the rights record, with regard to both the prosecu- ‘‘(4) a description of the extent to which hu- overt use of bans on air transport relief flights tion of the war and the denial of basic human manitarian relief has been obstructed or manip- in prosecuting the war through selective starva- and political rights to all Sudanese; ulated by the Government of Sudan or other tion and to minimize the Government of Sudan’s (C) the ongoing slave trade in Sudan and the forces for the purposes of the war in Sudan.’’. accountability internationally. role of the Government of Sudan in abetting and SEC. 8. CONTINUED USE OF NON-OLS ORGANIZA- (8) The Government of Sudan has repeatedly tolerating the practice; and TIONS FOR RELIEF EFFORTS. stated that it intends to use the expected pro- (D) the Government of Sudan’s use and orga- (a) SENSE OF CONGRESS.—It is the sense of ceeds from future oil sales to increase the tempo nization of ‘‘murahalliin’’ or ‘‘mujahadeen’’, Congress that the President should continue to and lethality of the war against the areas out- Popular Defense Forces (PDF), and regular Su- increase the use of non-OLS agencies in the dis- side its control. danese Army units into organized and coordi- tribution of relief supplies in southern Sudan.

VerDate 19-JUL-2001 06:52 Jul 20, 2001 Jkt 089060 PO 00000 Frm 00093 Fmt 0624 Sfmt 6333 E:\CR\FM\G19JY6.130 pfrm04 PsN: S19PT1 S7986 CONGRESSIONAL RECORD — SENATE July 19, 2001 (b) REPORT.—Not later than 90 days after the friend, the senior Senator from Okla- There being no objection, the Senate, date of enactment of this Act, the President homa, the assistant minority leader. at 10:38 p.m., adjourned until Friday, shall submit a detailed report to Congress de- The PRESIDING OFFICER. The Sen- July 20, 2001, at 9:15 a.m. scribing the progress made toward carrying out ator from Oklahoma. subsection (a). f Mr. NICKLES. Mr. President, I wish SEC. 9. CONTINGENCY PLAN FOR ANY BAN ON AIR NOMINATIONS TRANSPORT RELIEF FLIGHTS. to thank my friend and colleague, Sen- Executive nominations received by (a) PLAN.—The President shall develop a con- ator REID from Nevada. We did get tingency plan to provide, outside United Na- some things accomplished today. We the Senate July 19, 2001: tions auspices if necessary, the greatest possible did pass two appropriations bills. We DEPARTMENT OF ENERGY amount of United States Government and pri- did confirm, I think, about 18 people. LINTON F. BROOKS, OF VIRGINIA, TO BE DEPUTY AD- vately donated relief to all affected areas in And we are going to confirm about MINISTRATOR FOR DEFENSE NUCLEAR NONPROLIFERA- Sudan, including the Nuba Mountains, Upper TION, NATIONAL NUCLEAR SECURITY ADMINISTRATION. three judges tomorrow, and several (NEW POSITION) Nile, and Blue Nile, in the event the Govern- ment of Sudan imposes a total, partial, or incre- other individuals. So we are making DEPARTMENT OF STATE mental ban on OLS air transport relief flights. progress. RONALD E. NEUMANN, OF VIRGINIA, A CAREER MEM- I thank my friend and colleague as BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- (b) REPROGRAMMING AUTHORITY.—Notwith- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- standing any other provision of law, in carrying well for his patience. This is not the DINARY AND PLENIPOTENTIARY OF THE UNITED STATES out the plan developed under subsection (a), the easiest process, as we found out in the OF AMERICA TO THE STATE OF BAHRAIN. NANCY GOODMAN BRINKER, OF FLORIDA, TO BE AM- President may reprogram up to 100 percent of last session of Congress. Sometimes it BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF the funds available for support of OLS oper- is more difficult to pass appropriations THE UNITED STATES OF AMERICA TO THE REPUBLIC OF HUNGARY. ations (but for this subsection) for the purposes bills than it should be. But my friend of the plan. from Nevada has been very persistent. f SEC. 10. HUMANITARIAN ASSISTANCE FOR EX- CLUSIONARY ‘‘NO GO’’ AREAS OF He is getting his appropriations bills CONFIRMATIONS SUDAN. passed and we are getting some nomi- Executive nominations confirmed by (a) PILOT PROJECT ACTIVITIES.—The Presi- nations through. I pledge to continue the Senate July 19, 2001: dent, acting through the United States Agency working with him to see if we can ac- EXECUTIVE OFFICE OF THE PRESIDENT for International Development, is authorized complish both objectives: completing and requested to undertake, immediately, pilot JOHN D. GRAHAM, OF MASSACHUSETTS, TO BE ADMIN- appropriations bills in a timely manner ISTRATOR OF THE OFFICE OF INFORMATION AND REGU- project activities to provide food and other hu- and also seeing to it that President LATORY AFFAIRS, OFFICE OF MANAGEMENT AND BUDG- manitarian assistance, as appropriate, to vul- ET. Bush’s nominees are given fair consid- nerable populations in Sudan that are residing DEPARTMENT OF DEFENSE eration and are confirmed in an appro- in exclusionary ‘‘no go’’ areas of Sudan. SUSAN MORRISEY LIVINGSTONE, OF MONTANA, TO BE (b) STUDY.—The President, acting through the priate timeframe. UNDER SECRETARY OF THE NAVY. United States Agency for International Develop- The PRESIDING OFFICER. The Sen- ALBERTO JOSE MORA, OF VIRGINIA, TO BE GENERAL ment, shall conduct a study examining the ad- COUNSEL OF THE DEPARTMENT OF THE NAVY. ator from Nevada. STEPHEN A. CAMBONE, OF VIRGINIA, TO BE DEPUTY verse impact upon indigenous Sudan commu- UNDER SECRETARY OF DEFENSE FOR POLICY. f nities by OLS policies that curtail direct human- FEDERAL RESERVE SYSTEM itarian assistance to exclusionary ‘‘no go’’ areas ORDERS FOR FRIDAY, JULY 20, 2001 ROGER WALTON FERGUSON, JR., OF MASSACHUSETTS, of Sudan. TO BE A MEMBER OF THE BOARD OF GOVERNORS OF THE (c) EXCLUSIONARY ‘‘NO GO’’ AREAS OF SUDAN Mr. REID. Mr. President, I ask unan- FEDERAL RESERVE SYSTEM FOR A TERM OF FOURTEEN DEFINED.—In this section, the term ‘‘exclu- imous consent that when the Senate YEARS FROM FEBRUARY 1, 2000. sionary ‘no go’ areas of Sudan’’ means areas of completes its business today, it ad- DEPARTMENT OF HEALTH AND HUMAN SERVICES Sudan designated by OLS for curtailment of di- journ until the hour of 9:15 a.m, Friday, KEVIN KEANE, OF WISCONSIN, TO BE AN ASSISTANT rect humanitarian assistance, including, but not July 20. I further ask unanimous con- SECRETARY OF HEALTH AND HUMAN SERVICES. limited to, the Nuba Mountains, the Upper Nile, sent that on Friday, immediately fol- DEPARTMENT OF COMMERCE and the Blue Nile. lowing the prayer and pledge, the Jour- WILLIAM HENRY LASH, III, OF VIRGINIA, TO BE AN AS- Mr. REID. Mr. President, I ask unan- nal of proceedings be approved to date, SISTANT SECRETARY OF COMMERCE. imous consent that the committee sub- the morning hour be deemed expired, DEPARTMENT OF THE TREASURY stitute be agreed to, the bill be read a and the time for the two leaders be re- BRIAN CARLTON ROSEBORO, OF NEW JERSEY, TO BE AN third time, and passed, the motion to ASSISTANT SECRETARY OF THE TREASURY. served for their use later in the day. EXECUTIVE OFFICE OF THE PRESIDENT reconsider be laid upon the table, and The PRESIDING OFFICER. Is there that any statements relating to the ALLEN FREDERICK JOHNSON, OF IOWA, TO BE CHIEF objection? AGRICULTURAL NEGOTIATOR, OFFICE OF THE UNITED bill be printed in the RECORD. The Chair hears none, and it is so or- STATES TRADE REPRESENTATIVE, WITH THE RANK OF The PRESIDING OFFICER. Without dered. AMBASSADOR. objection, it is so ordered. DEPARTMENT OF TRANSPORTATION The amendment in the nature of a f ALLAN RUTTER, OF TEXAS, TO BE ADMINISTRATOR OF THE FEDERAL RAILROAD ADMINISTRATION. substitute was agreed to. PROGRAM The bill (S. 180), as amended, was DEPARTMENT OF COMMERCE Mr. REID. Mr. President, tomorrow read the third time and passed. SAMUEL W. BODMAN, OF MASSACHUSETTS, TO BE DEP- the Senate will convene at 9:15 a.m., UTY SECRETARY OF COMMERCE. f with 30 minutes of closing debate in re- EXECUTIVE OFFICE OF THE PRESIDENT EXPRESSION OF APPRECIATION lation to the Gregory, Haddon, and MARK B. MCCLELLAN, OF CALIFORNIA, TO BE A MEM- Mr. REID. Mr. President, let me say Cebull nominations, followed by up to BER OF THE COUNCIL OF ECONOMIC ADVISERS. in closing, the assistant minority lead- three rollcall votes beginning at ap- DEPARTMENT OF THE TREASURY er is in the Chamber, and I express proximately 9:45 tomorrow morning. SHEILA C. BAIR, OF KANSAS, TO BE AN ASSISTANT SEC- RETARY OF THE TREASURY. through him to the entire Republican Following disposition of the nomina- DEPARTMENT OF EDUCATION caucus our appreciation for their co- tions, the Senate will resume consider- ation of the Transportation appropria- LAURIE RICH, OF TEXAS, TO BE ASSISTANT SEC- operation in moving this legislation RETARY FOR INTERGOVERNMENTAL AND INTERAGENCY that we have just completed, and the tions bill. As has been announced by AFFAIRS, DEPARTMENT OF EDUCATION. the majority leader, after those votes ROBERT PASTERNACK, OF NEW MEXICO, TO BE ASSIST- nominations. We now have completed ANT SECRETARY FOR SPECIAL EDUCATION AND REHA- three appropriations bills. Last Con- tomorrow, the first vote will be at 5:45 BILITATIVE SERVICES, DEPARTMENT OF EDUCATION. p.m. on Monday. JOANNE M. WILSON, OF LOUISIANA, TO BE COMMIS- gress at this same time we were able to SIONER OF THE REHABILITATION SERVICES ADMINIS- complete eight before the August re- f TRATION, DEPARTMENT OF EDUCATION. CAROL D’AMICO, OF INDIANA, TO BE ASSISTANT SEC- cess. That is a goal we have. We cer- RETARY FOR VOCATIONAL AND ADULT EDUCATION, DE- tainly would like to be able to do that. ADJOURNMENT UNTIL 9:15 A.M. PARTMENT OF EDUCATION. Even though there has been a few TOMORROW EQUAL EMPLOYMENT OPPORTUNITY COMMISSION missteps this week back and forth, I Mr. REID. If there is no further busi- CARI M. DOMINGUEZ, OF MARYLAND, TO BE A MEMBER think there has been an understanding ness to come before the Senate, I ask OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMIS- SION FOR A TERM EXPIRING JULY 1, 2006. as to what is expected on each side. unanimous consent that the Senate THE ABOVE NOMINATIONS WERE APPROVED SUBJECT Again, I express my appreciation to the stand in adjournment under the pre- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY entire Republican caucus, through my vious order. CONSTITUTED COMMITTEE OF THE SENATE.

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